EX-5 2 0002.txt OPINION OF MUNGER, TOLLES & OLSON LLP [MUNGER, TOLLES & OLSON LLP LETTERHEAD] EXHIBIT 5 August 24, 2000 Berkshire Hathaway Inc. 1440 Kiewit Plaza Omaha, Nebraska 68131 Re: Registration Statement on Form S-3 ---------------------------------- Gentlemen: We have examined the Registration Statement on Form S-3 proposed to be filed by you with the Securities and Exchange Commission on August 24, 2000 (the "Registration Statement") in connection with the registration under the Securities Act of 1933, as amended, of 2,529 shares of Class A Common Stock, par value $5 per share, and 1,363 shares of Class B Common Stock, par value $.1667 per share, of Berkshire Hathaway Inc. (the "Shares"), for offer and sale by certain of shareholders of Berkshire Hathaway Inc. (the "Selling Shareholders"). As your counsel in connection therewith, we have examined the proceedings taken by you in connection with the sale of the Shares to the Selling Shareholders. Based upon the foregoing, it is our opinion that the Shares are now, and when sold in the manner referred to in the Registration Statement will be, validly issued, fully paid, and nonassessable. We hereby consent to the use of this opinion as an exhibit to the Registration Statement, and further consent to the reference to this firm appearing under the heading "Legal Matters" in the prospectus which is contained in the Registration Statement. Very truly yours, /s/ Munger, Tolles & Olson LLP MUNGER, TOLLES & OLSON LLP