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IN RE OCCIDENTAL PETROLEUM CORP.

No. 00-20379.

217 F.3d 293 (2000)

In re: OCCIDENTAL PETROLEUM CORPORATION, Petitioner.

United States Court of Appeals, Fifth Circuit.

June 28, 2000.

Attorney(s) appearing for the Case

John H. Smither, Vinson & Elkins, Houston, TX, for Petitioner.

Lee L. Kaplan, Larry R. Veselka, Justin M. Waggoner, Smyser, Kaplan & Veselka, Andrew L. Jefferson, Jr., Jefferson & Mims, Houston, TX, for Croucher, Reins and Thomas.

Travis James Sales, Baker Botts, Houston, TX, for MidCon Corp.

Harry A. Perrin, Weil, Gotshal & Manges, Houston, TX, for U.S. Trust Co. of California, North America.

Before SMITH, BARKSDALE and PARKER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This matter involves a discovery order granted despite assertions of attorney-client privilege by petitioner Occidental Petroleum Corporation ("Occidental"), which seeks a writ of mandamus instructing the district court to vacate that order. Finding no clear error, because the plaintiff class is not subject to Occidental's attorney-corporate client privilege under Garner v. Wolfinbarger, 430 F.2d 1093

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