Legal Opinion

United States v. International Business MacHines Corp.

District Court, S.D. New York

Decided September 11, 1979No. 69 Civ. 200 (DNE)PublishedCited by 38 opinions

1Opinion of the Court

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: “We believe that Chief Judge David N. Edelstein, the Judge presiding over the trial in the above-captioned action, has a personal bias and…

2Cases cited65 opinions

  1. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  2. In Re Murchison.Supreme Court of the United States · 1955
  3. Berger v. United StatesSupreme Court of the United States · 1921
  4. United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
  5. Melvin R. Laird, Secretary of Defense v. Arlo TatumSupreme Court of the United States · 1972

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3Cited by38 opinions

  1. Gilbert v. City of Little RockCourt of Appeals for the Eighth Circuit · 1983
  2. McCann v. Communications Design Corp.District Court, D. Connecticut · 1991
  3. City of Cleveland v. KrupanskyCourt of Appeals for the Sixth Circuit · 1980
  4. 33 Fair empl.prac.cas. 557, 32 Empl. Prac. Dec. P 33,954 Johnnie Gilbert, Horace Walters, Andrew Lockhart, Billy O'donald, Julius Bryant, Jack Matlock, Mixie Alexander, Jesse Briscoe, Grady Anthony, Marcella Wilson, Larry Bazzelle v. The City of Little Rock, Arkansas, Civil Service Commission of the City of Little Rock, Arkansas, Walter E. "Sonny" Simpson, Individually and in His Official Capacity as Chief of Police of the City of Little Rock, Arkansas, and Carlton E. McMullin Individually and in His Official Capacity as City Manager of the City of Little Rock, ArkansasCourt of Appeals for the Eighth Circuit · 1983
  5. Lamborn v. DittmerDistrict Court, S.D. New York · 1989

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