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U.S. v. COMPREHENSIVE DRUG TESTING, INC.

Nos. 05-10067, 05-15006, 05-55354.

579 F.3d 989 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. COMPREHENSIVE DRUG TESTING, INC., Defendant-Appellee. Major League Baseball Players Association, Petitioner-Appellee, v. United States of America, Respondent-Appellant. In re Search Warrants Executed on April 8, 2004AT CDT, Inc., In re, Seal 1, Plaintiff-Appellant, v. Seal 2, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2009.

Attorney(s) appearing for the Case

Argued by Joseph Douglas Wilson, Assistant United States Attorney, San Francisco, CA, who was joined on the briefs by Erika R. Frick, Assistant United States Attorney, San Francisco, CA, for the United States.

Argued by Elliot R. Peters, Keker & Van Nest LLP, San Francisco, CA, who was joined on the briefs by David J. Silbert, Keker & Van Nest LLP, San Francisco, CA, and Ethan Atticus Balogh, Coleman & Balogh LLP, San Francisco, CA, for the Major League Baseball Players Association.

David P. Bancroft, Sideman & Bancroft LLP, San Francisco, CA, and Jeffrey C. Hallam, Sideman & Bancroft LLP, San Francisco, CA, for Comprehensive Drug Testing, Inc.

Peter Buscemi, Morgan, Lewis & Bockius LLP, Washington, DC, for amicus curiae Chamber of Commerce of the United States.

Opinion by Chief Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge CALLAHAN; Partial Concurrence and Partial Dissent by Judge BEA; Dissent by Judge IKUTA.

KOZINSKI, Chief Judge:

This case is about a federal investigation into steroid use by professional baseball players. More generally, however, it's about the procedures and safeguards that federal courts must observe in issuing and administering search warrants and subpoenas for electronically stored information.

Facts

The complex facts underlying this case are well summed up in the panel's opinion and dissent, and we refer the interested reader there...

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