UNITED STATES v. AMERICAN TELEPHONE & TELEGRAPH CO.

Civ. A. No. 74-1698.

461 F.Supp. 1314 (1978)

UNITED STATES of America, Plaintiff, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY, Western Electric Co., Inc., Bell Telephone Laboratories, Inc., Defendants.

United States District Court, District of Columbia.

On Motion for Reconsideration October 18, 1978.


Attorney(s) appearing for the Case

Kenneth C. Anderson, Washington, D. C., argued and on brief, for plaintiff; Jules M. Fried, Peter B. Kenney, Jr., U. S. Dept. of Justice, Washington, D. C., on brief.

George L. Saunders, Jr., Chicago, Ill., for defendants; Harold S. Levy, Edward F. Barnicle, Jr., Leonard Joseph, New York City, George L. Saunders, Jr., Robert D. McLean, Chicago, Ill., Richard J. Flynn, Washington, D. C., on brief; F. Mark Garlinghouse, George V. Cook, New York City, William L. Keefauver, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Sidley & Austin, Chicago, Ill., of counsel.

Randolph May, for Federal Communications Commission as amicus curiae; Robert R. Bruce, John E. Ingle, Lawrence S. Schaffner, Charles L. Spencer, Federal Communications Commission, Washington, D. C., on brief.


OPINION

HAROLD H. GREENE, District Judge.

The motions before the Court address the Court's jurisdiction and they raise fundamental issues concerning the discovery that should govern the future path of this antitrust litigation. A recapitulation of the history of this case will be helpful to an understanding of these issues.

The complaint was filed on November 20, 1974. It alleges violations of Section 2 of the Sherman Act, 15 U.S.C. § 2, by...

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