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U.S. v. SDI FUTURE HEALTH, INC.

No. 07-10261.

553 F.3d 1246 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. SDI FUTURE HEALTH, INC.; Todd Stuart Kaplan; Jack Brunk, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2009.

Attorney(s) appearing for the Case

Robert L. Ellman, Appellate Chief, Office of the United States Attorney, Las Vegas, NV, argued the cause for the plaintiff-appellant and filed the briefs; Gregory A. Brower, United States Attorney, Las Vegas, NV, Steven W. Myhre, First Assistant United States Attorney, Las Vegas, NV, Michael Chu, Peter S. Levitt, Elizabeth A. Olson, Crane Pomerantz, and Roger W. Wenthe, Assistant United States Attorneys, Las Vegas, NV, were on the briefs.

Lance Etcheverry, Attorney, Skadden, Arps, Slate, Meagher & Flom LLP, argued the cause for the defendants-appellees; C. Stanley Hunterton, Hunterton & Associates, Thomas J. Nolan, Skadden, Arps, Slate, Meagher & Flom LLP, and Mark S. Hardiman, Hooper, Lundy & Bookman, Inc., filed the brief.

Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and M. MARGARET McKEOWN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether corporate executives may challenge a police search of company premises not reserved for the executives' exclusive use.

I

A

After a nearly two-year investigation spearheaded by the Internal Revenue Service ("IRS") with the participation of four other federal and Nevada state agencies, investigators concluded that SDI Future Health, Inc. ("SDI"), a California corporation, had engaged in wide...

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