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UNITED STATES v. INTERN. BUS. MACHINES CORP.

No. 69 Civ. 200 (DNE).

453 F.Supp. 348 (1978)

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

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

April 11, 1978.

Attorney(s) appearing for the Case

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

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

MEMORANDUM

EDELSTEIN, Chief Judge.

International Business Machines Corporation [hereinafter IBM], defendant in this civil antitrust case, has moved this court for an order granting a mistrial or, in the alternative, a continuance of the trial in the above-captioned matter.

IBM's argument in support of its motion can be concisely set forth in syllogistic form. First, IBM argues that a last minute shift in an antitrust plaintiff's claim of market definition...

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