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

To: mozek who wrote (46589)	6/13/2000 7:46:00 PM
From: t2	Read Replies (2) \| Respond to of 74651

MSFT presenting Jackson's press interviews in its filing. Looks to me that Microsoft is finally stepping up to the plate. No matter what court hears this case, the tide appears to be turning, IMHO. Parts of this story quote.bloomberg.com `Rubberstamped' In its petition to the D.C. Circuit, Microsoft cited ``shocking'' press interviews Jackson gave after ordering the breakup as evidence the judge simply ``rubberstamped'' the breakup plan proposed by the U.S. Justice Department and 17 states. Jackson's failure to hold hearings to carefully study the implications of the breakup plan was an ``astounding abdication'' of his judicial responsibility, the company said. Microsoft said its ``appeal will present an overwhelming case for reversal of the judgment based on an array of serious substantive and procedural errors that infected virtually every aspect of the proceedings below.'' Microsoft also said that without a stay of interim business restrictions set to take effect in September, ``the effect of these provisions will be devastating, not only to Microsoft, but also to its employees, shareholders, business partners and customers, and could have a significant adverse impact on the nation's economy,'' the company said. Two-Part Split Microsoft cited a series of extraordinary press interviews Jackson gave that were published after the breakup order as evidence the judge did not carefully consider the economic or policy implications of a breakup. Jackson told the New York Times that he signed the breakup proposal from the government without changing it because ``I am not in a position to duplicate that and re-engineer their work. There's no way I can equip myself to do a better job than they have done.'' `They Lost' The company also noted that Jackson was quoted as telling the Times that he rejected Microsoft's request for hearings on the proposed breakup because, ``I am not aware of any case authority that says I have to give them any due process at all. The case is over. They lost.'' That statement is ``a repudiation of the most fundamental tenet of American jurisprudence,'' Microsoft said. Procedural flaws were not limited to the remedy phase of the trial, Microsoft said, citing what it called numerous errors of fact and law.