It only happens while in overdrive and only while accelerating and usually starts around 35mph and when I step on the accelerator it goes up in pitch the the more gas I give it . when I take my Foot off the gas the noise goes away

So that tells me its a transmission problem. When I had that on my car it was the differential, but unlike your car it seemed to happen in all gears. Perhaps we can get SPG358 to chime in on this. He knows more about transmissions than I do. If he doesn't post, send him a PM.

it doesnt happen in all gears, cuz the shifting is fine and while shifting thru gears 1,2, and 3 there is no noise at all but as soon as i get to the last gear it shifts over fine but there is a whine

Re: Whining noise in o/d
 

I am having the same phenomenon with my LeSabre. It will whine in o/d but not in 1st 2nd or 3rd. It sounds like a radiator fan but I know for a fact it's not.

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