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Technology Stocks : How high will Microsoft fly?
MSFT 483.03+0.5%Dec 5 9:30 AM EST

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To: Jason Ellis who wrote (41255)4/5/2000 3:51:00 PM
From: The Duke of URL©  Read Replies (1) of 74651
 
. It's another bad move from MSFT

It is possible that the reason MSFT agreed to the speed-up is to get to a final appealable decision. This is a prerequisite to filing a notice of appeal.

It appears that the Trial Judge wants an appeal directly to the Supreme Court. But I don't think this is his decision. I would guess that the Supreme Court would have to grant Certiorari and under the new rules, by a vote of 5 to 4, before they will hear the case.

Normally, the Supreme Court would want the case fully briefed in order that they would have the broadest analysis of the law, before they get the case.

Normally, I would guess that a direct appeal would not lie unless there were some underlying emergency. Here, both IBM and Netscape seem to be doing very well despite having their air supply cut off by Microsoft. And not even Orin Hatch, the CEO of NOVL is going to save that company.

That of course, may leave only a political rationale to expedite the case.
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