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


To: The Duke of URLĀ© who wrote (46566)6/13/2000 5:41:00 PM
From: t2  Read Replies (2) | Respond to of 74651
 
This the most interesting part of MSFT appeal.

dailynews.yahoo.com

In a one-sentence order, Jackson said ``consideration of a stay pending appeal is premature in that no notice of appeal has yet been filed.''

"Shortly thereafter, the company filed its notice of appeal with Jackson. It also filed another motion for a stay, this time with the U.S. Circuit Court of Appeals for the District of Columbia. This is the appellate court the company would rather go to next, and it filed a stay motion there even though it still has a pending stay motion before Jackson."



To: The Duke of URLĀ© who wrote (46566)6/13/2000 7:14:00 PM
From: margie  Read Replies (5) | Respond to of 74651
 
A victory for Microsoft. The DOJ and Jackson have lost this one. I doubt if the Supreme Court will hear it now, since the Circuit court has now accepted Microsoft's appeal.
For the Circuit court to decide to take this case so quickly is telling....it indicates that they must be ticked off at the shenanigans going on Jackson's kangaroo court. Jackson ridiculed their decision to overturn his ruling.....Now the Circuit Court will hear Microsoft's appeal, the same court that overturned Jackson's ruling before.

I wonder if Jackson can be 'held in contempt of court" <g> for 'obeying the DOJ" The DOJ told Jackson to stall, that is, to wait until Microsoft had filed their appeal before Jackson ruled on Microsoft's request for a stay of the conduct remedies. Jackson could only request that the Supreme Court hear the case after msft filed their appeal. And Microsoft could only apply to the Circuit court after the stay of the conduct recommendations was denied by Jackson.
So Microsoft had no choice but to file their appeal.

What a farce. THE DOJ and Jackson in cahoots.

BTW, the amici Curiae filed by Microsoft's competitors; the CCIA and SIIA; recommended that the appeal go directly to the Supreme Court, even though this only happened once before, with AT&T.

There has only been one time that other courts were bypassed and that was with the AT&T ruling. AT&T and the DOJ had signed a consent decree and the Department of Justice and others contested this consent decree. The Supreme Court only hears cases where there is a controversy like that.

Hopefully Microsoft will get some real justice now. They won't get it in Jackson's court nor from the DOJ.