539 U.S. ___

539 U.S. ____ (2003)

SUPREME COURT OF THE UNITED STATES

No. 02—271

DOW CHEMICAL COMPANY, et al., PETITIONERS v.
DANIEL RAYMOND STEPHENSON et al.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT

[June 9, 2003]

Per Curiam.

With respect to respondents Joe Isaacson and Phyllis Lisa Isaacson, the judgment of the Court of Appeals for the Second Circuit is vacated, and the case is remanded for further consideration in light of Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28 (2002).

With respect to respondents Daniel Raymond Stephenson, Susan Stephenson, Daniel Anthony Stephenson, and Emily Elizabeth Stephenson, the judgment is affirmed by an equally divided Court.

Justice Stevens took no part in the consideration or decision of this case.

DOW CHEMICAL COMPANY, et al., PETITIONERS v.DANIEL RAYMOND STEPHENSON et al.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OFAPPEALS FOR THE SECOND CIRCUIT

DOW CHEMICAL COMPANY, et al., PETITIONERS v.
DANIEL RAYMOND STEPHENSON et al.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT