UNITED STATES v. INTERNATIONAL BUSINESS MACHINES

No. 69 Civ. 200 (DNE).

475 F.Supp. 1372 (1979)

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

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

September 11, 1979.


Attorney(s) appearing for the Case

U.S. Dept. of Justice, Antitrust Div., for plaintiff United States of America.

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


MEMORANDUM

EDELSTEIN, Chief Judge:

On July 19, 1979, International Business Machines Corporation, defendant in this civil antitrust action, filed an affidavit that asked this court to disqualify itself from further participation in the proceedings, pursuant to 28 U.S.C. sections 144, 455, and the fifth amendment of the United States Constitution. The affidavit, signed by five "outside" directors on behalf of the corporation, states the following conclusion...

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