Acknowledgement of receipt (08/03/07) of judgment from Clerk, United States Court of Appeals for the Fifth Circuit received.

JUDGMENT ISSUED.

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

Argued. For petitioner: Theodore B. Olson, Washington, D.C.; and Thomas G. Hungar, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: Robert W. Coykendall, Wichita, Kan.; and Barbara

Motion of Consumer Federation of America for leave to participate in oral argument as amicus curiae and for additional time for oral argument DENIED. (orders list)

Reply of petitioner Leegin Creative Leather Products, Inc. filed. (Distributed)

Motion of Consumer Federation of America for additional time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed.

Motion of New York State, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED. (orders list)

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

Motion of New York State, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. (Distributed)

Brief of respondent PSKS, Inc., dba Kay's Kloset..Kay's Shoes filed. (Distributed)

Brief amicus curiae of Burlington Coat Factory Warehouse Corporation filed. (Distributed)

Brief amici curiae of New York State, et al. filed. (Distributed)

Brief amicus curiae of Consumer Federation of America filed. (Distributed)

Brief amicus curiae of American Antitrust Institute filed. (Distributed)

Brief amicus curiae of Anderson Economic Group LLC filed. (Distributed)

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

CIRCULATED.

Brief amicus curiae of PING, Inc. filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of American Petroleum Institute filed.

Brief of petitioner Leegin Creative Leather Products, Inc. filed.

Joint appendix filed.

Brief amicus curiae of Economists filed.

Brief amici curiae of William S. Comanor and Frederic M. Scherer in support of neither party filed.

Brief amicus curiae of CTIA -The Wireless Association filed.

SET FOR ARGUMENT ON Monday, March 26, 2007.

Record received from U.S.D.C. Eastern District of Texas. (1 box) There are 2 sealed documents in this record.

Consent to the filing of amicus briefs in support of either party or of neither party received from counsel for the petitioner.

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

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

Motion for leave to file amici brief filed by Economists GRANTED. (orders list)

Petition GRANTED. (orders list)

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

Motion for leave to file amicus brief filed by CTIA -The Wireless Association GRANTED. (orders list)

DISTRIBUTED for Conference of December 7, 2006.

Reply of petitioner Leegin Creative Leather Products, Inc. filed. (Distributed)

Motion for leave to file amicus brief filed by CTIA -The Wireless Association.

Brief of respondent PSKS, Inc., dba Kay in opposition filed.

Motion for leave to file amici brief filed by National Association of Manufacturers.

Motion for leave to file amici brief filed by Economists.

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

Petition for a writ of certiorari filed. (Response due November 6, 2006)

Leegin Creative Leather Products, Inc., Petitioner, represented by Theodore B. Olson

PSKS, Inc., dba Kay's Kloset...Kay's Shoes, Respondent, represented by Robert W. Coykendall

American Antitrust Institute, Amicus Curiae, represented by Albert A, Foer

American Petroleum Institute, Amicus Curiae, represented by Robert A. Long Jr.

Anderson Economic Group LLC, Amicus Curiae, represented by Theodore Robert Bolema

CTIA -The Wireless Association, Amicus Curiae, represented by Roy T. Englert Jr.

Economists, Amicus Curiae, represented by Joseph Angland

Leegin Creative Leather Products, Inc. v. PSKS, Inc., dba Kay's Kloset...Kay's Shoes, Amicus Curiae, represented by Peter A. Barile III

Leegin Creative Leather Products, Inc. v. PSKS, Inc., dba Kay's Kloset...Kay's Shoes, Amicus Curiae, represented by Thomas G. Hungar

Leegin Creative Leather Products, Inc. v. PSKS, Inc., dba Kay's Kloset...Kay's Shoes, Amicus Curiae, represented by Matthew Wiener

National Association of Manufacturers, Amicus Curiae, represented by Thomas B. Leary

New York State, et al., Amicus Curiae, represented by Barbara D. Underwood

PING, Inc., Amicus Curiae, represented by Thomas C. Walsh

United States, Amicus Curiae, represented by Paul D. Clement

William S. Comanor and Frederic M. Schere in support of neither party, Amicus Curiae, represented by Eugene C. Crew