International Business Machines Corp. v. United States

(dissenting) :

I join Judge Moo're in dissenting from the en banc majority’s dismissal of the appeal and the petition for a writ of mandamus. I renew my concurrence in Judge Moore’s panel majority opinion, 471 F.2d 507, 508-17 (2 Cir. 1972), and I concur in his en banc dissenting opinion filed today.

In view of certain unique aspects of this case in its present posture, I think it is important in the -public interest briefly to attempt to respond to two essential questions: (1) How did we get here? and (2) Where do we go from here ?

I

How Did We Get Here ?

Today’s en bane majority decision results…