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E.E.O.C. v. EXXON CORP.

No. 98-10712.

202 F.3d 755 (2000)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. EXXON CORPORATION, Defendant-Appellee, v. United States Department of Justice, Appellant.

United States Court of Appeals, Fifth Circuit.

January 28, 2000.

Attorney(s) appearing for the Case

Dori Kay Bernstein, EEOC, Washington, DC, for Plaintiff-Appellee.

Ronald L. Palmer (argued), Dallas, TX, William C. Strock, Haynes & Boone, Dallas, TX, Tony P. Rosenstein, Baker Botts, Houston, TX, Christopher G. Bell, Jackson, Lewis, Schnitzler & Krupman, Minneapolis, MN, for Defendant-Appellee.

John Peter Schnitker (argued), William Kanter, U.S. Dept. of Justice, Civil Div., App. Staff, Washington, DC, for Appellant.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we decide whether the Ethics in Government Act permits two former government attorneys to act as fact or expert witnesses for a private party in a suit brought by the government. On interlocutory appeal, we affirm the district court's holding that the attorneys may testify in both capacities and may be compensated for expert testimony. We also conclude that their testimony need not be disallowed under the District of Columbia...

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