International Business Machines Corp. v. Edelstein
United States Court of Appeals for the Second Circuit
526 F.2d 37 (2d Cir. 1975)
Relevant factsFree
IBM (plaintiff) petitioned for a writ of mandamus to be released from the trial judge's (defendant) order requiring that every interview of an adverse witness be conducted with either opposing counsel or a stenographer present, so a transcript would be available to the court. The judge issued the order after the government, plaintiff in the underlying antitrust case, refused to let IBM interview two of its witnesses. IBM argued the order proved unworkable in practice and sought mandamus relief.
IssueFree
Whether it is an abuse of a trial judge's authority to broadly restrict the parties' ability to interview adverse witnesses.
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