Record returned to U.S.C.A. Federal Circuit.

Exhibits retuturned to Robert Schroder, Counsel for Swift-Eckrich, Inc.

Record returned to U.S.D.C. for Western District of Oklahoma.

Exhibits returned to Gregg Castro, Counsel for Unithem Foods.

Acknowledgement of receipt (02/14/06) of judgment from Clerk, United States Court of Appeals for the Federal Circuit received.

JUDGMENT ISSUED.

Rehearing DENIED. (orders list)

DISTRIBUTED for Conference of March 17, 2006.

Petition for Rehearing filed.

Judgment REVERSED Thomas, J., delivered the opinion of the Court, in which Roberts, C.J., and O'Connor, Scalia, Souter, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Kennedy, J., joined. (orders list)

Argued. For petitioner: Burck Bailey, Oklahoma City, Okla.; and Malcolm L. Stewart, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for the United States, as amicus curiae.) For respondent: Robert A. Schroeder, Los Angeles

Motion to strike brief filed by petitioner DENIED. (orders list)

Exhibits received from Robert Schroder, Counsel for Swift-Eckrich, Inc.

Record received from U.S.D.C. for Western Dist. of Oklahoma. (4 boxes) This record contains sealed documents.

Exhibits received from Gregg Castro, Counsel for Unitherm Foods. (1 box)

Motion DISTRIBUTED for Conference of October 28, 2005.

Record received from U.S.C.A. for Federal Circuit. (1 box)

Motion to strike respondent's supplemental brief filed by petitioner Unitherm Food Sys, Inc.

Supplemental brief of respondent Swift Eckrich, Inc., dba Conagra Refrigerated Foods, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Reply of petitioner Unitherm Food Sys, Inc. filed. (Distributed)

CIRCULATED.

SET FOR ARGUMENT on November 2, 2005.

Brief of respondents Swift Eckrich, Inc., dba Conagra Refrigerated Foods, et al. filed.

Letter of ConAgra stating non-opposition to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument received.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Extension of time within which to file respondents' brief on the merits to and including July 15, 2005.

Brief amicus curiae of United States filed.

Joint appendix filed.

Brief of petitioner Unitherm Food Systems, Inc. filed.

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including May 13, 2005.

Petition GRANTED limited to the following question: Whether, and to what extent, a court of appeals may review the sufficiency of evidence supporting a civil jury verdict where the party requesting review made a motion for judgment as a matter of law und (orders list)

DISTRIBUTED for Conference of February 25, 2005.

DISTRIBUTED for Conference of February 18, 2005.

Petition for a writ of certiorari filed. (Response due December 6, 2004)

Unitherm Food Sys, Inc., Petitioner, represented by Burck Bailey

Swift Eckrich, Inc., dba ConAgra Refrigerated Foods, et al., Respondent, represented by Robert A. Schroeder

Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., dba Conagra Refrigerated Foods, Amicus Curiae, represented by Malcolm L. Stewart

Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., dba Conagra Refrigerated Foods, et al., Amicus Curiae, represented by Paul D. Clement