Record returned to Court of Appeals of Missouri, Eastern District.

Application (06A712) granted by The Chief Justice for order to issue mandate forthwith.

MANDATE ISSUED. (orders list)

Application for order to issue mandate forthwith GRANTED.

Application (06A712) for order to issue mandate forthwith, submitted to The Chief Justice.

Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, Thomas, Breyer, and Alito, JJ., joined. Souter, J., filed a concurring opinion, in which Scalia and Alito, JJ., joined. Gi

Argued. For petitioner: Carter G. Phillips, Washington, D.C. For respondent: Mary Perry, St. Louis, Mo.

Motion of American Train Dispatchers Association, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED. (orders list)

Motion DISTRIBUTED for Conference of October 6, 2006..

Reply of petitioner Norfolk Southern Railway Company filed. (Distributed)

Motion of American Train Dispatchers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.

Brief amici curiae of American Train Dispatchers Association, et al. filed. (Distributed)

Brief of respondent Timothy Sorrell filed. (Distributed)

Consent to the filing of amicus briefs in support of either party received from counsel for the respondent.

Motion for leave to file amicus brief filed by Association of American Railroads GRANTED. (orders list)

Consent to the filing of amicus briefs in support of either party received from counsel for the petitioner.

Record received from Court of Appeals of Missouri, Eastern District. (1 box)

CIRCULATED.

Motion for leave to file amicus brief filed by Association of American Railroads.

Joint appendix filed.

Brief of petitioner Norfolk Southern Railway Company filed.

SET FOR ARGUMENT on Tuesday, October 10, 2006.

Extension of time within which to file the respondent's brief on the merits to and including September 7, 2006.

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including July 17, 2006.

Petition GRANTED. limited to Question 1 presented by the petition. (orders list)

Motion for leave to file amicus brief filed by Association of American Railroads GRANTED. (orders list)

DISTRIBUTED for Conference of May 11, 2006.

Reply of petitioner Norfolk Southern Railway Company filed.

Brief of respondent Timothy Sorrell in opposition filed.

Order further extending time to file response to petition to and including April 10, 2006.

Order extending time to file response to petition to and including April 3, 2006.

Response Requested . (Due March 3, 2006)

DISTRIBUTED for Conference of February 17, 2006.

Motion for leave to file amicus brief filed by Association of American Railroads.

Waiver of right of respondent Timothy Sorrell to respond filed.

Petition for a writ of certiorari filed. (Response due January 11, 2006)

Application (05A326) denied by Justice Thomas.

Application (05A326) for a stay of judgment, submitted to Justice Thomas.

Norfolk Southern Railway Company, Petitioner, represented by Carter G. Phillips

Timothy Sorrell, Respondent, represented by Roger C. Denton

Timothy Sorrell, Respondent, represented by Mary L. Perry

American Train Dispatchers Association, et al., Amicus Curiae, represented by Brent Orrin Hatch

American Train Dispatchers Association, et al., Amicus Curiae, represented by Frank S. Ravitch

Association of American Railroads, Amicus Curiae, represented by Daniel Saphire