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: How Appealing

"Appeals court will decide whether feds can use steroid test results of 100 pro baseball players"

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"Appeals court will decide whether feds can use steroid test results of 100 pro baseball players": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court today escalated the heated legal feud between the federal government and the Major League Baseball players' union, deciding to rehear a case involving the controversial seizure of the names and urine samples of about 100 players who failed a 2004 steroids test. In a brief order, the 9th U.S.Circuit Court of Appeals agreed to rehear the case with a special 11-judge panel. The order effectively wipes off the books a divided 119-page ruling issued in January that generally sided with the Justice Department in its effort to use the test results, initially obtained in an offshoot of the Balco steroids investigation."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

This blog's earlier coverage of the three-judge panel's ruling that today's grant of rehearing en banc sets aside can be accessed here and here. And that three-judge panel's first ruling in the case -- from way back in December 2006, featuring mention of the little-known U.S. District Court for the Southern District of Nevada -- appears at this link. My coverage of that first ruling appeared here, here, and here.

Full post as published by How Appealing on September 30, 2008 (boomark / email).

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