UNITED STATES of America, Petitioner/Appellee/Cross-Appellant,



                                       v.



                      Frank S. ZOLIN, Respondent/Appellee,



                                       and



            Church of Scientology of California and Mary Sue Hubbard,



                     Intervenors/Appellants/Cross-Appellees.



                             Nos. 85-6065, 85-6105.



                         United States Court of Appeals,



                                 Ninth Circuit.



                                  July 5, 1988.







  Before BROWNING, TANG, PREGERSON, ALARCON, NORRIS, REINHARDT, BEEZER,



 BRUNETTI, THOMPSON and LEAVY, Circuit Judges.



  The opinion published at 842 F.2d 1135 is amended to include the



 following concurrence:







  NORRIS, Circuit Judge, concurring in the result:



  I write separately to make it clear that I believe the independent evidence



 rule has been and should continue to be the law of the circuit.  See United



 States v. Shewfelt, 455 F.2d 836 (9th Cir.), cert. denied, 406 U.S. 944, 92



 S.Ct. 2042, 32 L.Ed.2d 331 (1972).  However, I cannot join the court's order



 because the majority has failed to make clear whether the order is a



 disposition on the merits, i.e., whether it constitutes en banc authority that



 the Shewfelt independent evidence rule is the law of the circuit.  If the



 order is intended to be a disposition on the merits, it is internally



 inconsistent because an en banc panel cannot both decide a case on the merits



 and vacate as improvidently granted the order *611 of the full court



 authorizing it to decide the case.