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CONTROL DATA CORP. v. INTERNATIONAL BUSINESS MACH. CORP.

Misc. Nos. 640-642.

421 F.2d 323 (1970)

CONTROL DATA CORPORATION, Petitioner, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent. PROGRAMMATICS INCORPORATED and Applied Data Research, Inc., Petitioner, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent. DATA PROCESSING FINANCIAL & GENERAL CORPORATION, Petitioner, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent.

United States Court of Appeals, Eighth Circuit.

February 2, 1970.

Attorney(s) appearing for the Case

John G. Robertson, of Oppenheimer, Hodgson, Brown, Wolff & Leach, St. Paul, Minn., for Control Data Corporation.

Morton C. Jacobs, of Jacobs & Cohen, Philadelphia, Pa., for Programmatics Incorporated and Applied Data Research, Inc.

Victor S. Friedman, of Strasser, Spiegelberg, Fried & Frank, New York City, for Data Processing Financial & General Corporation.

Norman R. Carpenter, of Faegre & Benson, Minneapolis, Minn., and Thomas D. Barr, of Cravath, Swaine & Moore, New York City, for respondent.

Before MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

This matter comes before this court upon joint petitions for leave to file interlocutory appeals under 28 U.S.C. § 1292(b) from the district court's pretrial order. Suits were filed against International Business Machines Corporation (IBM) on various counts relating, inter alia, to violation of the Clayton and Sherman Antitrust Acts. Control Data Corporation (CDC) filed its suit in the District Court in Minnesota. Data Processing Financial...

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