Appeals Court Won't Be Bypassed in Microsoft Case Monday, June 19, 2000 By Eun Kyung-Kim Fox news WASHINGTON — The U.S. Court of Appeals, in a victory for Microsoft, rejected on Monday a request by the government that it stay out of the huge antitrust case. In doing so, the court turned down a Justice Department motion to summarily dismiss Microsoft's requested stay of a federal judge's June 7 order to break the software-maker into two companies and restrict its business practices. The department had sought to have the appellate court bypassed in the appeals process following U.S. District Judge Thomas Penfield Jackson's order earlier this month. The department wants the case sent directly to the Supreme Court for review. The decision on Monday thwarting that attempt was the latest in a series of legal volleys between Microsoft and the government in the wake of Jackson's order that Microsoft be split in half as a remedy for violating antitrust laws. However, the appellate court did say that in the event that Jackson sent the case directly to the nation's highest court, it would stand aside. The Justice Department issued a statement applauding that part of the ruling. "We're very pleased with the court's ruling that it would stay further proceedings if the district court certifies the case for direct appeal to the Supreme Court," said department spokeswoman Gina Talamona. She added that the court had issued the same order in the case brought against the software-maker by 19 states — indicating that it would follow the government's view that the cases have been consolidated. Microsoft had argued that the state case could not be certified to the Supreme Court. Jackson postponed his split of Microsoft from taking effect until the case makes its way through the appeals process. However, the restrictions he ordered on company business practices would start taking effect on Sept. 5. On Friday, the department told the federal appeals court that Microsoft violated federal rules of procedure by asking it to stay antitrust penalties before the trial judge ruled on the same request. Last week, Microsoft asked the appellate court for a stay after Jackson deferred a decision on a stay. On Thursday, Microsoft filed a brief in the appellate court arguing that it was not required to wait for Jackson's ruling. The Justice Department has requested that Jackson send the case directly to the Supreme Court, bypassing the appellate court, which has reversed Jackson's decisions regarding Microsoft in the past. The past record of the appellate court toward Microsoft is the reason the software-maker maneuvered to get the case heard by that court. ================================================================= Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT FROM THE DESK OF: <[EMAIL PROTECTED]> *Mike Spitzer* <[EMAIL PROTECTED]> ~~~~~~~~ <[EMAIL PROTECTED]> The Best Way To Destroy Enemies Is To Change Them To Friends Shalom, A Salaam Aleikum, and to all, A Good Day. ================================================================= <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html <A HREF="http://home.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om