[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT MAY 22, 2007 No. 06-15314 THOMAS K. KAHN ________________________ CLERK

D. C. Docket No. 06-00288-CV-1-KD NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant,

versus ROLISON TRUCKING CO., LLC, GAIL W. ROLISON, RONNY P. JOHNSON, Defendants-Appellees.

________________________ Appeal from the United States District Court for the Southern District of Alabama _________________________ (May 22, 2007) Before EDMONDSON, Chief Judge, HULL, Circuit Judge, and FORRESTER,* District Judge.

* Honorable J. Owen Forrester, United States District Judge for the Northern District of Georgia, sitting by designation.

PER CURIAM: After review and oral argument, we conclude that the district court did not abuse its discretion in granting the motion to stay proceedings. Accordingly, we affirm the district court’s order dated September 26, 2006.

AFFIRMED.