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OCR: In Griffith Kentucky. 479 U.S. 314 (1987), which raised the question W hether the Batson rule applied retroactively this Court held that new rule for the conduct of criminal prosecutions was be applied retroactively to all cases, federal, pending on direct review I0 not yet final with no exception for cases in which the new rule constitutes 'clear break" with the past. Griffith, 479 U.s 328. However 2.1 that time this Court noted that the area of civil litigation continued 1 be governed by Chevron Oit Company Huson 404 U.S 97 (1971) Recently, in Harper Virginia Department of Taxation, 112 2510 (1993) this Court discarded the rules set out 1n Chevron Di Com tuna Huson regarding whether you rule civil case would be applied retroactively. Ses also James Beam Distilting Company Georgia 111 S.C ...