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KAUFMAN v. EDELSTEIN

Nos. 934, 935, 942 and 943, Dockets 76-3008, 76-3009, 76-6017 and 76-6024.

539 F.2d 811 (1976)

Felix KAUFMAN and Frederic G. Withington, Petitioners, v. Hon. David N. EDELSTEIN, Chief Judge, United States District Court for the Southern District of New York, Respondent. UNITED STATES of America, Plaintiff-Appellee, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant. Felix Kaufman and Frederic G. Withington, Appellants.

United States Court of Appeals, Second Circuit.

Decided April 20, 1976.

Attorney(s) appearing for the Case

Powell Pierpoint, New York City (Hughes, Hubbard & Reed, and David F. Hixson, New York City, of counsel), for petitioner Felix Kaufman.

Robert B. Davidson, New York City (Baker & McKenzie, New York City, of counsel), for petitioner Frederic G. Withington.

Robert B. Nicholson, Dept. of Justice, Washington, D.C. (Thomas E. Kauper, Asst. Atty. Gen., John J. Powers, III, Raymond M. Carlson, Eugene M. Katz, and Grant G. Moy, Jr., Dept. of Justice, Washington, D.C.), for appellee.

Kenneth J. Bialkin, Howard C. Buschman, III, and Willkie, Farr & Gallagher, New York City, for The American Institute of Certified Public Accountants, amicus curiae.

Before FRIENDLY, MULLIGAN and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

We have here appeals from and petitions for mandamus to vacate two orders of Chief Judge Edelstein in the Government's civil antitrust action in the District Court for the Southern District of New York against International Business Machines Corporation (IBM). These orders denied motions to quash subpoenas directing Felix Kaufman, a partner in the international accounting firm of Coopers & Lybrand, and Frederic G. Withington, a senior...

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