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


To: Charles Tutt who wrote (46581)6/13/2000 7:04:00 PM
From: JC Jaros  Read Replies (2) | Respond to of 74651
 
That's right. Unless MS can get a restraining order against the evil US Govt and state Attorney's General, MS's best case is a series of 'Groundhog's Day' days (and that's apart from civil courts). If MSFT shareholders are content with that, well, okay. But I gotta suggest there's just a BIT of lowered expectations in there somewhere. :) -JCJ



To: Charles Tutt who wrote (46581)6/13/2000 9:01:00 PM
From: David Howe  Respond to of 74651
 
I'd like to butt in here. Sorry for the intrusion.

<< First, I never said they picked anything by lottery. I think you have me confused with someone else. >>

Whoever made the 'lottery' statement wasn't incorrect. Maybe 'lottery' is not the correct word, but the idea is correct. Normally the panel (3 members) is chosen at random from the entire appeals court (total of 10). It is a random / lottery selection in almost every case.

<< Second, what I find unusual is the report that the Appeals Court "took" the case and apparently decided to go straight to en banc hearing -- I thought appeals were as a matter of right >>

The appeals court has not 'taken' the case. They have voiced their opinion that they want to take the case and feel that it is of great importance. Now, if the DOJ or Jackson attempt to bypass the appeals court it will be viewed as quite a negative by the appeals court. There was a slim chance that the Supreme Court could have accepted the case without the normal appeals hearings, but this chance has now vaporized due to the appeals court's request to hear the case.

<< and were normally before a three judge panel. >>

Normally it would be a 3 judge panel.

<< Third, I sincerely doubt there will be a reversal of this case; if there is, I expect it to be only partial and to merely result in another trial or additional hearings before Judge Jackson. >>

I agree with the likelihood of a partial reversal and then another trial at the lower court level. I disagree that it will be before Jackson. He is no longer acting as a 'judge' and the appeals court knows it. MSFT will prove that Jackson violated many procedures and turned the trial into a farce. He will be removed from further hearings, IMO. The appeals court will throw out portions of the ruling and send the case back to the lower court with specific instructions regarding how the case can proceed further.

I'm looking rather far into the future, but this is how I see it.

Dave