NATIONAL RAILROAD PASSENGER CORPORATION v. MORGAN

Attorney(s) appearing for the Case

Roy T. Englert, Jr., argued the cause for petitioner. With him on the briefs was Melissa B. Rogers.

Pamela Y. Price argued the cause for respondent. With her on the brief were Howard J. Moore, Jr., and William McNeill III.

Austin C. Schlick argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Clement, Marleigh D. Dover, and John C. Hoyle.*

Thomas, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined, and in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined as to Part II-A. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J.,joined, in which Scalia and Kennedy, JJ., joined as to all but Part I, and in which Breyer, J., joined as to Part I, p. 123.