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MDC DATA CENTERS, INC. v. INTERNATIONAL BUS. MACH. CORP.

Civ. A. No. 71-912.

352 F.Supp. 63 (1972)

MDC DATA CENTERS, INC. v. INTERNATIONAL BUSINESS MACHINES CORPORATION.

United States District Court, E. D. Pennsylvania.

December 8, 1972.

Attorney(s) appearing for the Case

H. Robert Fiebach, Howard Gittis, Philadelphia, Pa., for plaintiff.

K. Robert Conrad, Marjorie G. Marinoff, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

MASTERSON, District Judge.

Presently before this court is defendant's second motion for partial summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Defendant's motion is directed at the second of plaintiff's efforts to state a claim under the antitrust laws.

This action was commenced in April, 1971 upon the filing by plaintiff, MDC Data Centers, Inc. (MDC), of a four count complaint: (1) antitrust premised...

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