MS/DOJ: Appeals court to receive arguments on stay

The Appeals Court, however, said it would automatically suspend the schedule if US District Court Judge Thomas Penfield Jackson sends his final judgment in the case to the US Supreme Court for review.

If the Supreme Court accepts jurisdiction, the schedule will be moot, the appellate court judges said in their order yesterday. But if the high court sends the case back down to the appellate court, the schedule will resume, the order said.

Jackson so far has had no reaction to more than a week of squabbling over which court -- the Supreme Court or the Court of Appeals -- should hear the company's appeal or who should consider the motion for a stay. But he is expected to send the case to the Supreme Court, a move supported by the government. Microsoft was scheduled to respond on Monday to the government's request that Jackson send the case to the high court.

The government wants to avoid a hearing in front of the Court of Appeals, which overturned a ruling by Jackson in 1998 that had barred Microsoft from requiring PC makers to license its Windows 95 operating system to also take Microsoft's Internet Explorer web browser.

Microsoft filed notice in the US District Court of Appeals last Tuesday, saying it will appeal the breakup order Jackson issued on June 7. At the same time, it requested the stay, or temporary hold, on the breakup order and all other remedies ordered by Jackson.

The Department of Justice and 19 states suing Microsoft immediately challenged the stay request, saying it was premature because the company should have to wait for Jackson to decide on the government's motion to send the case directly to the US Supreme Court. But the Court of Appeals judges yesterday denied that motion.

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Margret Johnston

PC World

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