E. GRADY JOLLY, Circuit Judge:
I
The issue before us today is whether section 113(b) of the Civil Rights Act of 1991 ("1991 Act") — providing for payment of expert witness fees as part of costs — should apply "retroactively" in this case where both the relevant conduct (i.e., the race discrimination) and the trial court's ruling (denying the fee request) occurred before the effective date of the 1991 Act.
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