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Microsoft vs DOJ: The row rages on

In the midst of national disaster, Gates stays focused...

By Julian Goldsmith

Published: 13 September 2001 08:25 GMT

Microsoft has fired its latest salvo of criticism over the US Department of Justice's efforts to stymie the software giant's hopes for an appeal.

Microsoft lawyers yesterday countered eight points yesterday made by the US government two weeks ago that the US District Court for the District of Columbia deny the software company the chance to appeal the antitrust case brought against it.

Microsoft argued yesterday that original verdict found against it was flawed by Judge Thomas Penfield Jackson's conduct and the case should be retried.

According to US wires, legal pundits accept that the original case judge's behaviour might warrant a review of the sentence, but are not sure that Jackson's conduct merit the whole trial being started again.

Both Microsft and the US government are due to file a joint status report with new case judge District Judge Colleen Kollar-Kotelly tomorrow, however, this may be delayed due to the terrorist attack in New York city.

Both parties are also expected to meet with the judge on the following Friday, provided the schedule has not been disrupted.

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