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

[Declan McCullagh <declan () well com>]

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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