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ACOSTA v. TENNECO OIL CO.

No. 90-3124.

913 F.2d 205 (1990)

James J. ACOSTA, Sr., Plaintiff-Appellant, v. TENNECO OIL COMPANY and Mobil Oil Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 18, 1990.

Attorney(s) appearing for the Case

George M. Strickler, Jr., Jo Harriet Strickler, Ann Woolhandler, LeBlanc, Strickler & Woolhandler, Gilbert V. Andry, III, Andry & Andry, New Orleans, La., for plaintiff-appellant.

Barbara R. Evans, Anne E. Bendernagel, New Orleans, La., for Tenneco Oil.

H. Mark Adams, Ellen S. Kovach, New Orleans, La., for Mobil Oil.

Before BROWN, POLITZ and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

Plaintiff James J. Acosta, Sr. ("Acosta") appeals the district court's order requiring that Acosta either be examined and interviewed, outside the presence of counsel, by a vocational rehabilitation expert retained by defendant Tenneco Oil Company ("Tenneco") or waive the right to call at trial his own expert. Because the federal rules do not authorize the district court to issue such an order, this Court finds that the district court abused...

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