To: johnd who wrote (54865 ) 1/6/2001 6:45:32 AM From: TTOSBT Respond to of 74651 Re: "Settlement is being talked by newswires again." No settlements in sight. The case goes on. Justice Department Picks Team For Microsoft Appeals Arguments By MARK WIGFIELD Dow Jones Newswires WASHINGTON -- The Justice Department named the two attorneys who will be arguing its case in Microsoft Corp.'s appeal of the antitrust case against it. Arguing for Justice will be Jeffrey P. Minear, 45, senior litigation counsel and assistant to the solicitor general, who has been with Justice since 1983. He has argued 40 cases before the Supreme Court. Also arguing will be David C. Frederick, 39, assistant to the solicitor general at Justice. A Rhodes scholar, he clerked for Supreme Court Justice Byron White from 1991 to 1992. But Justice's famous outside counsel from the trial court phase, David Boies, will only be warming the bench at most. While the Justice Department has requested seating for Mr. Boies during the Feb. 26-27 oral arguments, the agency currently has no further arrangements with him. Justice requested seating for Mr. Boies in what will be a crowded courtroom to preserve his ability to function as a consultant for Justice in the appeal, an official said. Justice has asked for 32 seats in the courtroom. Arguing for Microsoft will be Richard Urowsky, a lead counsel for Sullivan & Cromwell and an expert in economics and antitrust law. Mr. Urowsky successfully defended Microsoft in previous antitrust cases heard by the same court, the U.S. Court of Appeals. District Court Judge Thomas Penfield Jackson ruled last April Microsoft violated antitrust laws. In June, Judge Jackson ordered the breakup of Microsoft as well as other business restrictions, but stayed his order pending appeal. TTOSBT