http://www.infobeat.com/stories/cgi/story.cgi?id=2556587130-ba5
05:13 PM ET 10/14/98

Microsoft rebuffed in bid to delay antitrust trial

         
            WASHINGTON (Reuters) - A U.S. federal court Wednesday denied
Microsoft Corp.'s  request to delay the start of the software
company's antitrust trial by two weeks, clearing the way for the
case to begin next Monday.
            The decision was one of a flurry of procedural rulings and
filings made with the approach of the scheduled start of the
trial.
            Last week, Microsoft, the world's leading computer software
company, agreed with the Justice Department to the Oct. 19
starting date. But after the judge granted the joint request,
Microsoft immediately sought a further two-week delay.
            Some legal experts said Microsoft's motion was made for the
record, allowing the company to argue on appeal that it should
have been granted more time.
            The Justice Department and 20 states have alleged that
Microsoft illegally used its monopoly in software operating
systems for personal computers to compete unfairly, in order to
preserve and extend its dominance.
            Lawyers have been questioning the witnesses before they
appear at the trial. Live testimony will include only
cross-examination on earlier depositions by the witnesses.
            On Wednesday, U.S. District Court Judge Thomas Penfield
Jackson also ruled that Microsoft could take depositions from
two new witnesses brought in by the government -- Avadis
Tevanian, a senior vice president of software engineering at
Apple Computer Inc., and James Gosling, a vice president at Sun
Microsystems Inc., the computer workstation maker that created
the Java programming language. Sun has its own lawsuit against
Microsoft under way in San Jose, Calif.
            Jackson also set up a trial procedure for releasing
testimony taken earlier from witnesses. Transcripts of that
questioning will be released at 1600 EDT (2000 GMT) the day
before each witness is to testify. There will be 12 witnesses
for each side in the trial.
         ^REUTERS@
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