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IN RE INTERNATIONAL BUSINESS MACHINES CORP.

Docket 94-3071.

45 F.3d 641 (1995)

In re INTERNATIONAL BUSINESS MACHINES CORPORATION, Petitioner.

United States Court of Appeals, Second Circuit.

Decided January 17, 1995.

Attorney(s) appearing for the Case

Thomas D. Barr, Evan R. Chesler, Richard W. Clary, Peter T. Barbur, Cravath, Swaine & Moore, New York City, submitted briefs, for petitioner.

Robert E. Litan, Acting Asst. Atty. Gen., Diane P. Wood, Deputy Asst. Atty. Gen., Robert B. Nicholson, John J. Powers, III, Kent Brown, U.S. Dept. of Justice, Washington, DC, submitted a brief, for U.S.

Before: JON O. NEWMAN, Chief Judge, KEARSE and WINTER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

International Business Machines Corporation ("IBM") petitions for a writ of mandamus directing a district judge to recuse himself from the case of United States v. IBM, Civil Action No. 72-344 (S.D.N.Y.) (DNE) ("the 1952 Case") and to reassign the litigation. Though it is a rare case when a district judge's denial of a motion to recuse is disturbed by an appellate court and rarer still when such a denial is remedied on a petition...

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