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UNITED STATES v. INTERN. BUSINESS MACHINES CORP.

No. 69 Civ. 200 (DNE).

539 F.Supp. 473 (1982)

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

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

May 19, 1982.

Attorney(s) appearing for the Case

U. S. Dept. of Justice, Antitrust Div., for U. S. A.

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

Rowley & Watts, Washington, D. C., for amicus curiae Philip M. Stern.

Public Citizen Litigation Group and Vladeck, Waldman, Elias & Engelhard, New York City, for amicus curiae Public Citizen.

MEMORANDUM

EDELSTEIN, District Judge:

On May 17, 1982 International Business Machines Corporation ("IBM") delivered to the court an affidavit requesting this court to recuse itself pursuant to 28 U.S.C. §§ 144, 455, and the fifth amendment of the United States Constitution from further participation in this proceeding.1 The affidavit, signed by Frank T. Carey, chairman of the board of directors of IBM, states:

...

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