SCM CORPORATION v. XEROX CORPORATION

No. 122, Docket 74-1585.

507 F.2d 358 (1974)

SCM CORPORATION, Plaintiff-Appellant, v. XEROX CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 4, 1974.


Attorney(s) appearing for the Case

Stephen R. Kaye, New York City (Proskauer, Rose, Goetz & Mendelsohn, Ronald S. Rauchberg, Robert S. Marin, New York City, Widett & Widett, Jerome Gotkin, W. Thomas Fagan, Boston, Mass., Jacobs, Jacobs & Grudberg, Ira B. Grudberg, David L. Belt, New Haven, Conn., on the brief), for plaintiff-appellant.

Stanley D. Robinson, New York City (Kaye, Scholer, Fierman, Hays & Handler, Milton Handler, Michael Malina, Kenyon & Kenyon Reilly Carr & Chapin, Robert D. Fier, New York City, Cummings & Lockwood, John F. Spindler, John R. Murphy, Xerox Corporation, Stamford, Conn., on the brief), for defendant-appellee.

Before FEINBERG, MULLIGAN and DANAHER, Circuit Judges.


MULLIGAN, Circuit Judge:

On July 31, 1973 SCM Corporation commenced an action against Xerox Corporation in the United States District Court for the District of Connecticut. The complaint, which takes up 46 printed pages in the appendix, basically charged Xerox with monopolizing throughout the world the skill and technology of plain paper copying and the manufacturing and marketing of plain paper copiers in violation of section 2 of the Sherman Act (15 U.S.C. §...

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