No. 05-465.
Argued April 26, 2006
Decided June 5, 2006
Carter G. Phillips argued the cause for petitioner. With him on the briefs were Richard D. Bernstein, Juan P. Morillo, and Steven T Cottreau.
Howard W. Foster argued the cause for respondents. With him on the brief were John E. Floyd, Joshua F Thorpe, Ronan P. Doherty, Bobby Lee Cook, and Matthew Thames.
Malcolm L. Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Sangita K. Rao*
The writ of certiorari limited to Question 1 presented by the petition, granted at 546 U. S. 1075 (2005), is dismissed as improvidently granted. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Elev*517enth Circuit for further consideration in light of Anza v. Ideal Steel Supply Corp., ante, p. 451.
It is so ordered.
547 U.S. 516
164 L. Ed. 2d 776
126 S. Ct. 2016
2006 U.S. LEXIS 4507
SCDB 2005-062
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