INTERNATIONAL BUSINESS MACHINES CORP. v. LEVIN

Nos. 78-1064, 78-1065, 78-1074, 78-1113 and 78-1114.

579 F.2d 271 (1978)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Petitioner, v. Howard S. LEVIN and Levin Computer Corporation, Respondents, and Honorable H. Curtis Meanor, UNITED STATES District Judge for the District of New Jersey, Nominal Respondent. Howard S. LEVIN and Levin Computer Corporation, Cross-Appellants, No. 78-1113, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellant, Nos. 78-1065 & 78-1074, Carpenter, Bennett & Morrissey, Cross-Appellant, No. 78-1114.

United States Court of Appeals, Third Circuit.

Decided June 19, 1978.

As Amended June 28, 1978.


Attorney(s) appearing for the Case

Max O. Truitt, Jr., Wilmer, Cutler & Pickering, Washington, D. C., for International Business Machines Corp.

Laurence B. Orloff, Orloff, Lowenbach, Stifelman & Siegel, Newark, N. J., for Howard S. Levin and Levin Computer Corp.

Walter F. Waldau, Stryker, Tams & Dill, Newark, N. J., for Carpenter, Bennett & Morrissey.

Before GIBBONS, MARIS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

MARIS, Circuit Judge.

This petition for a writ of mandamus and these appeals and cross-appeals seek our review of an interlocutory order of the United States District Court for the District of New Jersey entered in this private anti-trust suit directing Carpenter, Bennett & Morrissey (herein "CBM"), counsel for the plaintiffs, Howard S. Levin (herein "Levin") and Levin Computer Corporation (herein "LCC"), to withdraw from the case...

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