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INTERNATIONAL BUSINESS MACHINES CORP. v. UNITED STATES

Nos. 363, 364, Dockets 72-2106, 72-2107.

471 F.2d 507 (1972)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. INTERNATIONAL BUSINESS MACHINES CORPORATION, Petitioner-Appellant, v. Hon. David N. EDELSTEIN, Chief Judge of the United States District Court for the Southern District of New York, and United States of America, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 19, 1972.

Rehearing Granted February 14, 1973.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., New York City (Cravath, Swaine & Moore, New York City, of counsel), for petitioner-appellant.

Howard E. Shapiro, Attorney, Department of Justice, Washington, D.C. (Thomas E. Kauper, Asst. Atty. Gen., Department of Justice, Washington, D.C., of counsel), for respondents-appellees.

Before MOORE, MULLIGAN and TIMBERS, Circuit Judges.

Rehearing En Banc Granted February 14, 1973.

MOORE, Circuit Judge:

International Business Machines Corporation (IBM) is the defendant in an antitrust1 action brought by the United States of America (the Government) in the United States District Court for the Southern District of New York (the New York action). Also pending against IBM are a number of private antitrust actions which have been consolidated in the United States District...

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