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Technology Stocks : How high will Microsoft fly?
MSFT 472.39-0.1%11:21 AM EST

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To: John F. Dowd who wrote (66383)3/26/2002 12:37:15 PM
From: The Duke of URL©  Read Replies (2) of 74651
 
<Duke: Have any thoughts on what she could be thinking given the testimony to date.>

No. I have not followed the daily transcripts. BUT your concern,

<...most contested question: how broad is the scope of this remedy proceeding? >

is the exact issue. The is an appellate Judge. They do not conduct evidentiary hearings at the appellate level as a matter of course. You can see her struggling with this. Is this the remedy phase, or the new states trial

For instance, if it is the remedy phase then no evidence of conduct is allowed, unless it goes to the effect of the remedy.

I do not have enough information to know how she is leaning. But if I were her, I would start to see that this thing is going to get out of hand.

She has just invited the dept of Justice to file an amicus on whether the nine states have any authority to continue.

I have not bothered to study the law as to this issue, but it sounds like this is federal law, the states have no standing, and the only thing she can decide is the scope of the remedy under federal law, and that allows anyone to comment including states.

I think that is what the amicus will say, I think that is what common sense would dictate as to a continued trial, and I think that is what she will eventually decide.

I do not think she has made any predetermination and she is therefore letting all competetent evidence in at this point.

Again, this is "fired from the lip" only. I have not had time to study this.
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