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

To: Thunder who wrote (46338)	6/9/2000 2:35:00 PM
From: Insitu	Read Replies (2) \| Respond to of 74651

Gary--Its hard to answer your question because of the assumption that there can be a complete overturn of the case. The best case for MSFT is that the findings of fact on witness credibility stand and despite the judge's finding that certain witness testimony isn't believable, the appeals court nevertheless concludes that the judge was not only wrong in drawing conclusions of law, but so wrong that it was arbitrary and capricious. Also, some of the findings of fact also contain conclusions of law. These can be overturned. The most obvious finding of fact that also contains a conclusion of law is that MSFT has a monopoly in the PC operating system market. But other findings of fact, like which witnesses were credible, are not reviewable. I think most people agree that Mr. bill was not believable in the depositions that were played in which he seemed to deny any awareness of Netscape. Also Allchin's apparently rigged demo. If the judge found these witnesses to be not credible, no appeal can overturn that part. Maybe we should all reread the findings to see which also contain conclusions of law, but I don't have the time.