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U.S. v. INTERNATIONAL BUSINESS MACHINES CORP.

Docket No. 97-6184.

163 F.3d 737 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee, Independent Service Network International, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Gordon B. Spivack, Coudert Brothers, New York, NY (Ronald S. Katz, Theodore R. Snyder, Coudert Brothers, James R. Eiszner, Joseph G. Matye, Shook Hardy & Bacon, LLP, Kansas City, MO, of counsel), for Intervenor-Appellant.

Adam D. Hirsh, U.S. Dep't of Justice, Washington, DC (Joel I. Klein, Asst. Atty. Gen., Donna E. Patterson, Dep. Asst. Atty. Gen., Robert B. Nicholson, John F. Greaney, N. Scott Sacks, James J. Tierney, U.S. Dep't of Justice, of counsel), for Plaintiff-Appellee.

Evan R. Chesler, Cravath, Swaine & Moore, New York, NY (Peter T. Barbur, Cravath, Swaine & Moore, Howard Weber, Davis, Weber & Edwards, New York, NY, Donald J. Rosenberg, Kenneth B. Wildstein, International Business Machines Corp., White Plains, NY, of counsel), for Defendant-Appellee.

Before: NEWMAN, CABRANES, and MERRITT, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

This appeal has its origins in a joint motion of the parties to a longstanding antitrust decree, seeking the dissolution of that decree. By order dated May 1, 1997, the United States District Court for the Southern District of New York (Thomas P. Griesa, Chief Judge) granted that motion, over the objection of an intervenor, the Independent Service Network International ("ISNI"). ISNI now appeals, contending that the district...

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