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IN RE OFFICE OF INSPECTOR GENERAL

No. 91-1433.

933 F.2d 276 (1991)

In re OFFICE OF INSPECTOR GENERAL, RAILROAD RETIREMENT BOARD, Attorney General of the United States; and the United States of America, Petitioners.

United States Court of Appeals, Fifth Circuit.

May 28, 1991.

Attorney(s) appearing for the Case

John C. Hoyle, Barbara C. Biddle, Attys., Dept. of Justice, Appellate Staff, Civ.Div., Washington, D.C., for U.S.

Thomas J. Knapp, Lawrence Stroik, Burlington Northern R. Co., Fort Worth, Tex., Robert W. Blanchette, Janel L. Bartelmay, Assoc. of American RR., Robert L. Ginsburg, McDonald, Sanders, Ginsburg, Newkirk, Gibson & Webb, Fort Worth, Tex., for Burlington N.R. Co.

Before POLITZ, DAVIS and BARKSDALE, Circuit Judges.

BY THE COURT:

IT IS ORDERED that the petition for writ of mandamus be GRANTED. The district court is instructed to: (1) vacate its order which permits unlimited discovery by Burlington Northern and directs the government to comply with the railroad's discovery requests; (2) promptly address and decide the action for enforcement of the Inspector General's administrative subpoena to Burlington Northern; and (3) pending resolution of the enforcement action, defer and...

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