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INTERNATIONAL BUSINESS MACHINES CORP. v. UNITED STATES

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

480 F.2d 293 (1973)

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 May 8, 1973.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., New York City (George Vradenburg, III, Cravath, Swaine & Moore, New York City, and Nicholas deB. Katzenbach, Armonk, N. Y., of counsel), for petitioner-appellant.

Howard E. Shapiro, Atty. 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, HAYS, FEINBERG, MULLIGAN, OAKES and TIMBERS, Circuit Judges.

Submitted to the en banc Court. March 1, 1973.

MULLIGAN, Circuit Judge:

After a divided panel opinion in this case was filed (the majority and dissenting opinions appear in 471 F.2d 507 (2d Cir. 1972)) a petition for rehearing en banc was granted. Both International Business Machines Corporation (IBM) and the United States of America thereupon submitted additional briefs.

IBM is the defendant in a civil antitrust action...

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