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Technology Stocks : How high will Microsoft fly?
MSFT 492.34-3.0%12:56 PM EST

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To: mozek who wrote (46551)6/13/2000 3:06:00 PM
From: The Duke of URL©  Read Replies (3) of 74651
 

"The court reserves ruling on Microsoft's motion until such time as timely notice of appeal is filed,- Jackson wrote. -Consideration of a stay pending appeal is premature in that no notice of appeal has yet been filed."


In case anyone does not have a handle on the background of this:

MS moves for stay. Standard Operating Procedure. Not unusual for the judge to immediately grant, pending the fair resolution of all issues on appeal.

MS hasn't filed its notice of appeal yet. DOJ can't move for Supreme Court Hearing until MS files its notice of appeal.

Judge should normally immediately grant or if inclined deny the stay.

Jackson doesn't want to do that. MS might appeal the denial of the stay directly to the Appellate Court, BEFORE doj could move to go to the Supreme Court. These are the procedural rules of the Federal Court System.

Judge refuses to rule on MS motion for stay until MS files its notice of appeal.

This will allow the DOJ to file its motion for removal to the Supreme Court, prior to MS being able to file an appeal to the Court of Appeals, when Judge Jackson, as seems to be apparent, is planning on denying the MS motion for stay, ---for no other reason that to prevent an appeal to the Court of Appeals. ???

Q: What's wrong with this picture? :)))
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