FC: Appeals court nixes Microsoft breakup order, new judge appointed

From: Declan McCullagh (declanat_private)
Date: Thu Jun 28 2001 - 09:07:06 PDT

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    The decision is at:
    http://cnnfn.cnn.com/2001/06/28/microsoft_file/decision.pdf
    
    Background:
    http://www.politechbot.com/cgi-bin/politech.cgi?name=antitrust
    
    ---
    
    http://www.foxnews.com/story/0,2933,28364,00.html
    
    WASHINGTON  The federal appeals court Thursday reversed the breakup of 
    Microsoft and has remanded the landmark antitrust case to a different trial 
    judge.
    The development can be considered as a major victory for the embattled 
    software maker.
    The appeals court ruled that U.S. District Judge Thomas Penfield Jackson 
    improperly conducted himself in the case, leaving himself open to the 
    appearance he was biased against Microsoft.
    "We vacate the judgment on remedies, because the trial judge engaged in 
    impermissible ex parte contacts by holding secret interviews with members 
    of the media and made numerous offensive comments about Microsoft officials 
    in public statements outside of the courtroom, giving rise to an appearance 
    of partiality," the court said.
    
    
    
    
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