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Yahoo--More MLB revelations

Selig and Fehr agreed to not test any of the 104 players who tested positive during the 2003 season "until the union notified the players".

The effect was that none of the 104 players were tested until September 2004.

I can see that they were trying to ensure players' anonomity, as had been agreed upon earlier, but in hindsight, it looks more like enabling PED users.
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