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IN RE INTERNATIONAL BUSINESS MACHINES CORP.

No. 471, Docket 79-3070.

618 F.2d 923 (1980)

In re INTERNATIONAL BUSINESS MACHINES CORPORATION, Petitioner. UNITED STATES of America, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

United States Court of Appeals, Second Circuit.

Decided February 25, 1980.

Attorney(s) appearing for the Case

Thomas D. Barr, New York City (Cravath, Swaine & Moore, New York City, of counsel), for petitioner-defendant.

John J. Powers, III, Washington, D. C. (Dept. of Justice, John H. Shenefield, Asst. Atty. Gen., Bruce E. Fein, Washington, D. C., and Robert J. Staal, Don A. Resnikoff, Mark W. Gaffney, John P. Hannigan, Dept. of Justice, New York City, of counsel), for respondent-plaintiff.

Before MULLIGAN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MULLIGAN, Circuit Judge:

More than a decade ago, on January 17, 1969, the United States of America, by its attorneys, acting under the direction of the Attorney General, filed a complaint in the United States District Court for the Southern District of New York which alleged that International Business Machines Corporation (IBM), commencing in or about 1961, had monopolized and attempted to monopolize the market for general purpose

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