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Counsel
Gregory S. Coleman, Solicitor General of Texas, argued the cause for the State of Texas et al. as amici curiae urging reversal. With him on the brief were John Cornyn, Attorney General of Texas, Andy Taylor, First Assistant Attorney General, and Linda E. Eads, Deputy Attorney General, Bill Pryor, Attorney General of Alabama, D. Michael Fisher, Attorney General of Pennsylvania, Charlie Condon, Attorney General of South Carolina, and Norman N. Hill.
Thomas C. Goldstein argued the cause for respondent. With him on the briefs were Pamela R. O'Dwyer and Brian Wolfman.
Patricia A. Millett argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Douglas N. Letter, Michael E. Robinson, Nancy E. McFadden, Paul M. Geier, Dale C. Andrews, Edward V. A. Kussy, and S. Mark Lindsey.*
*Briefs of amici curiae urging reversal were filed for the Association of American Railroads by Daniel Saphire; and for the Product Liability Advisory Council, Inc., by Kenneth S. Geller and Charles Rothfeld.
Briefs of amici curiae urging affirmance were filed for the State of North Carolina et al. by Michael F. Easley, Attorney General of North Carolina, and Amy R. Gillespie, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Bill Lockyer of California, Ken Salazar of Colorado, James E. Ryan of Illinois, Carla J. Stovall of Kansas, Mike Hatch of Minnesota, Jeremiah W. (Jay) Nixon of Missouri, Frankie Sue Del Papa of Nevada, Patricia A. Madrid of New Mexico, W. A. Drew Edmondson of Oklahoma, Sheldon Whitehouse of Rhode Island, and Darrell V. McGraw, Jr., of West Virginia; for the Angels on Track Foundation et al. by Robert L. Pottroff; for the Association of Trial Lawyers of America by Dale Haralson; and for the United Transportation Union by Lawrence M. Mann and Clinton Miller III.
William C. Hopkins II and David V. Scott filed a brief for Kenneth W. Heathington et al. as amici curiae.
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