In Re International Business MacHines Corporation
Court of Appeals for the Second Circuit
1Opinion of the Court
JON 0. NEWMAN, Chief Judge:
International Business Machines Corporation (“IBM”) petitions for a writ of mandamus directing a district judge to recuse himself from the ease of United States v. IBM, CM Action No. 72-344 (S.D.N.Y.) (DNE) (“the 1952 Case”) and to reassign the litigation. Though it is a rare case when a district judge’s denial of a motion to recuse is disturbed by an appellate court and rarer still when such a denial is remedied on a petition for mandamus, we have concluded, for reasons set forth, that mandamus is warranted in this instance.
Background
The 1952 Case is a civil…
2Cases cited17 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Liteky v. United StatesSupreme Court of the United States · 1994
- Berger v. United StatesSupreme Court of the United States · 1921
- Haines v. Liggett Group Inc.Court of Appeals for the Third Circuit · 1992
- In Re International Business MacHines Corporation, United States of America v. International Business MacHines CorporationCourt of Appeals for the Second Circuit · 1980
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