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(ORDER LIST: 543 U.S.)

FRIDAY, JANUARY 14, 2005

ORDER IN PENDING CASE

The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

CERTIORARI GRANTED

The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. The motion of National Private Truck Council, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is granted limited to the following question: "Whether the $100 fee upon vehicles conducting intrastate operations violates the Commerce Clause of the United States Constitution."

The petition for a writ of certiorari is granted limited to the following question: "Whether the $100 fee upon vehicles operating solely in interstate commerce is preempted by 49 U.S.C. § 14504."

The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted limited to Question 1 presented by the petition.