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ALLEN-MYLAND v. INTERNATIONAL BUSINESS MACHINES

No. 88 Civ. 7553 (DNE).

709 F.Supp. 491 (1989)

ALLEN-MYLAND, INC., Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

United States District Court, S.D. New York.

April 6, 1989.

Attorney(s) appearing for the Case

Schnader, Harrison, Segal & Lewis, New York City (Thomas Greene, M. Christine Carty, Robert G. Levy and Berryl A. Speert, of counsel), for plaintiff.

Cravath, Swaine & Moore, New York City (Thomas D. Barr, Robert F. Mullen and Evan R. Chesler, of counsel), for defendant.

OPINION AND ORDER

EDELSTEIN, District Judge:

BACKGROUND

In October, 1985 plaintiff Allen-Myland, Inc. ("AMI") instituted an action against IBM in the United States District Court for the Eastern District of Pennsylvania alleging violations of § 1 and § 2 of the Sherman Act and state law claims. Allen-Myland, Inc. v. International Business Machines Corp., 693 F.Supp. 262 (E.D.Pa. 1988) (hereafter...

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