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To: Ish who wrote (42069)10/3/2000 7:04:30 PM
From: KLP  Read Replies (1) | Respond to of 769670
 
Well, interesting timing...NOW after the Justice has cost the American people millions of dollars....both in taxes, as well as stock valuation....at 6:22 this evening (before the debates) wants a fast track for this critical sector of the economy...The JD is totally beyond arrogance...

Government Seeks Fast
Microsoft Appeal Schedule

By David Lawsky Oct 3 6:22pm ET


WASHINGTON (Reuters) - The Justice
Department Tuesday asked the U.S. court of
appeals to move on a fast track for written
arguments in Microsoft Corp.'s (MSFT.O)
appeal of antitrust violations, arguing it was
``essential'' for a ``critical sector'' of the
economy.

The government asked for a process that would
be completed before year's end, less than half
the time and with briefs half the length sought by
Microsoft.

The Justice Department asked for oral
arguments in January, as the current
administration is winding down. But even with a
quick schedule oral arguments might take place
after a new president is inaugurated Jan. 20.

In June, a lower court judge ordered the
company split in two after finding it competed
unfairly to protect a monopoly in its Windows
operating system. The judge also ordered other
remedies, but stayed them until all appeals are
completed.

``Because the District Court stayed
implementation of the judgement in its entirety
pending appeal, at Microsoft's request and over
plaintiff's objections, it is essential for effective
antitrust law enforcement in a critical sector of
the nation's economy that the appeal be
concluded expeditiously,'' the Justice
Department argued.

In a statement, Microsoft replied that its
scheduled would ''allow for a prompt and
efficient process to consider the appeal. We are
confident of our case on appeal and look
forward to the court of appeals instruction on the
schedule and length of briefs.''

Microsoft has until Oct. 10 to reply, after which
the court will set the dates. The Justice
Department noted that it had made its filing two
days ahead of the deadline and said, ''Microsoft
should be similarly able to expedite its reply.''

Last week, the Supreme Court turned down a
direct appeal of the case, rejecting a Justice
Department argument that quick action was
needed because technology evolves so swiftly.
Instead, the high court sent down the case to
seven judges on the U.S. Court of Appeals.

Justice asked that the Court of Appeals direct
Microsoft to file a 24,000-word brief by Nov. 1.

The federal government would reply at equal
length on Dec. 8, and on the same day states
involved in the case would be allowed a
7,000-word brief. Microsoft would reply on Dec.
22 at 7,000 words.

Microsoft told the appeals court Monday the two
sides should take five months to exchange filings
in the case, and said the initial briefs from both
sides should be a hefty 56,000 words, with the
company's final reply at 28,000 words.

The government called that ``excessive'' and
argued it would lead to delay.

``This is an appeal, not a retrial,'' said the
government.

If the appeals court acts immediately and if it
accepts the company's proposal, the
government would not file until early February,
well after a new president was inaugurated.

Microsoft said the ``monumental'' case made the
extra wordage necessary.

``Parties normally are allotted 14,000 words for
principal briefs and 7,000 words for reply briefs,''
the company said. ''Those word limits are
insufficient for a case of this magnitude and
complexity, in which Microsoft's very corporate
survival is at stake.''