Record returned to the U.S.C.A. for the Second Circuit.

Record returned to the U.S.D.C. for the Southern District of New York.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Souter, Ginsburg, Breyer, and Alito, JJ., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.

Argued. For petitioner: Connie L. Lensing, Memphis, Tenn. For respondent: David L. Rose, Washington, D.C.; and Toby J. Heytens, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)

Reply of petitioner Federal Express Corporation filed. (Distributed)

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

Record received from U.S.C.A. for 2nd Circuit. (1 envelope)

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

Brief of respondents Paul Holowecki, et al. filed. (Distributed)

Brief amicus curiae of United States filed.

Brief amici curiae of AARP, et al. filed.

Record received from U.S.D.C. for the Southern District of New York. (1 box)

CIRCULATED.

The time to file respondents' brief on the merits is extended to and including September 24, 2007.

SET FOR ARGUMENT Tuesday, November 6, 2007.

Joint appendix filed. (Statement of costs received)

Joint appendix filed.

Brief of petitioner Federal Express Corporation filed.

Brief amicus curiae of Chamber of Commerce of the United States filed.

Brief amici curiae of Equal Employment Advisory Council, et al. filed.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 9, 2007.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of May 31, 2007.

Brief amici curiae of Equal Employment Advisory Council, et al. filed.

Brief of respondents Paul Holowecki, et al. in opposition filed.

Petition for a writ of certiorari filed. (Response due May 3, 2007)

Application (06A726) granted by Justice Ginsburg extending the time to file until March 30, 2007.

Application (06A726) to extend the time to file a petition for a writ of certiorari from January 29, 2007 to March 30, 2007, submitted to Justice Ginsburg.

Federal Express Corporation, Petitioner, represented by Connie Lewis Lensing

Federal Express Corporation, Petitioner, represented by Robert Jeffery Kelsey

Paul Holowecki, et al., Respondent, represented by David L. Rose

AARP, et al., Amicus Curiae, represented by Paul W. Mollica

Chamber of Commerce of the United States, Amicus Curiae, represented by Lawrence Z. Lorber

Equal Employment Advisory Council, et al., Amicus Curiae, represented by Laura Anne Giantris

Federal Express Corporation v. Paul Holowecki, et al., Amicus Curiae, represented by Toby Jay Heytens

United States, Amicus Curiae, represented by Gregory G. Garre