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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?

To: Art Bechhoefer who wrote (34890)	11/28/1999 9:51:00 AM
From: blankmind	Read Replies (2) \| Respond to of 74651

Art, Business Week article that came out on Friday says that the DC Circuit Ct of Appeals & the US Supreme Court are anti-Big Gov't on the monopoly laws - although Clintonistas were able to fire all the District Attorneys; they weren't able to do likewise with the US Courts - so while the case may be expedited on appeal; Clintonista lapdogs aren't there to decimate MSFT like they did to the 80+ women & children in Waco.

To: Art Bechhoefer who wrote (34890)	11/28/1999 2:43:00 PM
From: Bill Fischofer	Read Replies (1) \| Respond to of 74651

Re: The appellate process While it is true that the DoJ and Judge Jackson can request that any appeal go directly to the Supreme Court, the Supreme Court is under no obligation to accept such an expedited process and can remand the case back to the Appellate level or accept it for direct consideration at their sole discretion. Given the gravity of the case and the conservative nature of the judicial system, my guess is that the Supreme Court would wish to see due process given full latitude here. Clearly the case will wind up at the Supreme Court eventually should the two sides find themselves unable to reach a compromise, but attempting to short-circuit the judicial process seems dangerous and foolhardy and one unlikely to be sanctioned by the Supreme Court except in the most extraordinary of circumstance and for the most compelling reasons. I cannot imagine how the nation would stand imperiled by the normal process here so I have a hard time imagining how DoJ could make its case for circumvention even if that is a theoretical option.

To: Art Bechhoefer who wrote (34890)	11/28/1999 5:07:00 PM
From: John F. Dowd	Read Replies (1) \| Respond to of 74651

AB: This has been posted and discussed at some length and detail in the past (2 weeks ago). Actually the SC would likely return it to the District Court where the tortuous battle would recommence. This is no sure fire benefit to anybody especially the DOJ who you might think would benefit by expeditious handling. Why would this be bad for MSFT? The theory goes that if the Appeals Court were avoided Jackson's chances of being overturned would be lessened. This presumes that the Supreme Court will not be able to see this case with the same clarity as the feared Appeals Court would. DOJ has no case the only harm shown to date is that mythical harm to the consumer who has been deprived of a yet undreamt of software O/S or application. In fact when you think of it it is even hard to show economic harm to the competitors who instigated this case. The SC will undoubtedly throw this bucket of doo doo back to the court from whence it came for cleansing and MSFT will take the cleansed version of JJ's opinion through the ladders of appeal and stretch this thing out until the inquisitors have been removed by the electorate unless the case is overturned sooner in the Appellate Court. JFD