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

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

621 F.3d 1162 (2010)

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 Seal 1, Plaintiff-Appellant, v. Seal 2, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2010.

Attorney(s) appearing for the Case

Argued by Joseph Douglas Wilson , Assistant United States Attorney, 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, who was joined on the briefs by David J. Silbert , Keker & Van Nest LLP, and Ethan Atticus Balogh , Coleman & Balogh LLP, San Francisco, CA, for the Major League Baseball Players Association.

David P. Bancroft , Sideman & Bancroft LLP, 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.

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

ORDER

The revised opinion filed concurrently herewith shall constitute the final action of the court. No petitions for rehearing will be considered.

PER CURIAM:

OPINION

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

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