Acknowledgement of receipt (07/31/06) of judgment from Clerk, United States Court of Appeals for the Seventh Circuit received.

JUDGMENT ISSUED.

Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rapanos v. United States, 547 U.S. ____ (2006). (orders list)

DISTRIBUTED for Conference of June 22, 2006.

DISTRIBUTED for Conference of February 24, 2006.

Brief of respondent United States in opposition filed.

Order further extending time to file response to petition to and including January 27, 2006.

Order extending time to file response to petition to and including January 17, 2006.

Petition for a writ of certiorari filed. (Response due December 16, 2005)

Gerke Excavating, Inc., Petitioner, represented by M. Reed Hopper

United States, Respondent, represented by Paul D. Clement