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UNITED STATES v. INTERNATIONAL BUS. MACHINES CORP.

No. 69 Civ. 200 (DNE).

406 F.Supp. 175 (1975)

UNITED STATES of America, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

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

December 4, 1975.

Attorney(s) appearing for the Case

Baker & McKenzie, New York City, for Frederic G. Withington.

Dept. of Justice, Antitrust Div., Washington, D. C., for plaintiff.

Cravath, Swaine & Moore, New York City, for defendant IBM.

MEMORANDUM

EDELSTEIN, Chief Judge:

Frederic G. Withington, a non-party to this antitrust action between the United States and International Business Machines Corporation (hereinafter IBM) has moved this court "for an Order, pursuant to Rule 45 of the Federal Rules of Civil Procedure and Section 2304 of the Civil Practice Law and Rules of the State of New York,"1 quashing and vacating...

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