Legal Opinion

International Business Machines Corp. v. United States

Court of Appeals for the Second Circuit

Decided May 8, 1973No. Nos. 363, 364, Dockets 72-2106, 72-2107PublishedCited by 27 opinions

1Opinion of the Court

MULLIGAN, Circuit Judge:

After a divided panel opinion in this case was filed (the majority and dissenting opinions appear in 471 F.2d 507 (2d Cir. 1972)) a petition for rehearing en banc was granted. Both International Business Machines Corporation (IBM) and the United States of America thereupon submitted additional briefs.

IBM is the defendant in a civil antitrust action brought by the Government in the United States District Court for the Southern District of New York (the New York action). IBM is also defending a number of private antitrust suits which had been consolidated in the United…

2Cases cited23 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  3. Will v. United StatesSupreme Court of the United States · 1967
  4. De Beers Consolidated Mines, Ltd. v. United StatesSupreme Court of the United States · 1945
  5. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953

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3Cited by27 opinions

  1. In Re International Business MacHines Corporation, United States of America v. International Business MacHines CorporationCourt of Appeals for the Second Circuit · 1980
  2. Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp.Court of Appeals for the Second Circuit · 1974
  3. Colonial Times, Inc., D.B.A. The Daily Rag v. Honorable Oliver Gasch, United States District JudgeCourt of Appeals for the D.C. Circuit · 1975
  4. International Business Machines Corp. v. United StatesCourt of Appeals for the Second Circuit · 1973
  5. United States v. American Telephone & Telegraph Co.District Court, District of Columbia · 1978

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