International Business Machines Corp. v. Edelstein

526 F.2d 37 (2nd Cir. 1975)

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Nature of the Case

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Facts

The trial judge told counsel 'that if anyone of you seeks to interview a witness in the absence of opposite counsel, that you do it with a stenographer present and so that it can be available to the Court, for the Court to see it, and I think that is the kind of condition that I would ask you to live up to.' This was prompted by IBM's efforts to interview some of the individuals appearing on the Government's lengthy list of witnesses. Upon learning of these interviews, the Government ordered witnesses - in particular, a Mr. Kraft and Lt. General Phillips - not to proceed with the interviews. Accordingly, both those prospective witnesses cancelled their interview appointments. The Government has claimed that 'IBM was harassing its witnesses,” but offers no supporting proof thereof either from an allegedly harassed witness or his counsel. Under the circumstances, no occasion for a protective order would have arisen. This appeal resulted.