from the United States Court of Appeals for the Sixth Circuit
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Petition DENIED. (orders list)
Waiver of right of respondent Thomas H. Collins to respond filed.
Brief of respondent Norfolk Southern Railway Co. in opposition filed.
Waiver of right of respondents Gordon Proctor, Director, Ohio Department of Transportation, and Jim Spain, Deputy Director, Ohio Department of Transportation to respond filed.
Petition for a writ of certiorari filed. (Response due March 2, 2009)
Ohio Midland, Inc., et al., Petitioner, represented by Frank Richard Bodor
Gordon Proctor, Director, Ohio Department of Transportation, and Jim Spain, Deputy Director, Ohio Department of Transportation, Respondent, represented by Benjamin C. Mizer
Norfolk Southern Railway Co., Respondent, represented by John T. Landwehr
Thomas H. Collins, Respondent, represented by Elena Kagan