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Technology Stocks : How high will Microsoft fly?
MSFT 510.37+1.4%Nov 14 9:30 AM EST
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To: Michael L. Voorhees who wrote (40261)4/2/2000 12:07:00 AM
From: Gerald Walls  Read Replies (1) of 74651
 
The question is can this decision be used in the lawsuits even if it is appealed by MSFT?

An analysis I saw a couple of weeks ago said that point is unclear, but there is some precedence that says that it can't be. If this is true, then when the case is sent back down, as I believe every other anti-Microsoft ruling by this judge has been, the DOJ and the 19 midgets will be in a better mood to settle and the decision will no longer be valid.

If the ruling can be used during the appeal process
MSFT is going to be sucking some wind and makes their lack
of offering-up a reasonable settlement to DOJ even more
perplexing.

As I posted before I believe that Microsoft was being offered its choice of executioner as a settlement. According to one of the stories I read tonight each of the state attorneys general had veto power over any settlement (I didn't know this or I never would have hoped for a settlement), meaning that only an unconditional Microsoft surrender would have been accepted. With Microsoft's record against this judge in the appeals courts they'd be fools to agree to a settlement that gave their opponent everything and didn't yield something back to them.
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