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Technology Stocks : How high will Microsoft fly?
MSFT 493.80-2.7%3:59 PM EST

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To: t2 who wrote (19091)3/28/1999 6:14:00 PM
From: RTev  Read Replies (2) of 74651
 
Jackson is a judge and will be a judge until he decides to retire or until he breaks the law in some way that would warrant an impeachment. It doesn't matter how many times he's reversed on appeal. Reversals are not impeachable offenses and don't have a significant effect on his status as a judge. So is he going to worry about the Circuit Court if he writes a decision? Not much. His staff will write a careful and fully argued decision. They will make sure to state the arguments are forcefully as possible. But that's it. That's Jackson's job.

Microsoft might get lucky in the Appeals Court as they have in the past and draw a three-judge panel comprising antitrust bears, but they might also see their luck run out and get three antitrust bulls. It's a crap shoot. Jackson knows that. Microsoft knows that. DOJ knows that.

There's no assurance they'd win an appeal, so Microsoft has reason to eventually get serious about settlement, but I agree that's unlikely to come until after the two-plus-two rebuttal witnesses have appeared in court. Microsoft can still hope that their two witnesses will hit home runs and the plaintiffs' witnesses will strike out. Hope. It's a risky strategy, but it seems to be the one they're following.
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