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To: Daniel Schuh who wrote (21259)11/6/1998 12:49:00 AM
From: Gerald R. Lampton  Read Replies (1) | Respond to of 24154
 
News of a possible chink in Microsoft's appellate armor, courtesy of Friday's Wall Street Journal:

PROSECUTORS MAY PULL a trump card in the Microsoft antitrust trial.

As the government scores points, Microsoft quietly pins its hopes on a
conservative appeals court that ruled in its favor in a related case earlier this year. But under an obscure provision of the law, a major antitrust case can go right to the Supreme Court, if the judge certifies it is of great public interest and gets a petition from one of the parties.

Justice Department officials indicate they would be eager to petition, if Microsoft appeals a loss. Judge Jackson, who may still be stinging from his June reversal, might be willing to oblige them. Microsoft, aware of how the trial is playing in the press, fought hard to prevent release of videotape testimony of Chairman Bill Gates.

But at a sidebar at the bench, the judge warned, "Let's not get in a war with the press, gentlemen . . . because it is one we are all going to lose."

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I wonder what Neukom & Co. are telling Jesse Burst about this one!