United States v. International Business Machines Corp.

MEMORANDUM

EDELSTEIN, Chief Judge.

Once again this court is called upon to decide a question of law arising from defendant’s refusal to comply with this court’s Pretrial Order No. 5, issued September 26, 1972.

On June 13, 1973, the Supreme Court denied an application by IBM for a stay of Pretrial Order No. 5. By letter dated June 15, 1973, counsel for IBM indicated that the defendant would not comply with the order, requiring the production of certain documents. Subsequently, the United States moved, pursuant to Local Civil Rule 14, for an order adjudging IBM in civil contempt for its…