U.S. Seeks To Block Microsoft Request

By eweek  |  Posted 2001-08-31

The U.S. Department of Justice has asked the Supreme Court to deny Microsofts request to have a lower judges anti-trust ruling thrown out for reasons of bias.

In a petition filed Friday, the Department of Justice bashed the Microsoft request for dismissal of Thomas Penfield Jacksons Findings of Fact for "mischaracterizing" the court of appeals ruling which largely upheld Jacksons rulings.

As well, the government accused Microsoft of asking the Supreme Court to rule "piecemeal" on a case, something the high court generally does not do.

Microsoft officials could not be reached for comment.

The high-level legal sparring continues as a new U.S. District Judge, Colleen Kollar-Kotelly, is gearing up her review of possible remedies in the case. The U.S. Court of Appeals found unanimously in June that Microsoft had violated Section 2 of the Sherman Anti-Trust act in at least eight instances.

Kollar-Kotelly has ordered the adversaries to jointly file a brief on Sept. 14 on what areas remain to be examined and has scheduled a hearing for Sept. 21.

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