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BERGHAUSEN v. MICROSOFT CORP.

No. 10A01-0106-CV-230.

765 N.E.2d 592 (2002)

Jeffrey A. BERGHAUSEN, Appellant-Plaintiff, v. MICROSOFT CORPORATION, Appellee-Defendant.

Court of Appeals of Indiana.

March 13, 2002.

Attorney(s) appearing for the Case

Darrell M. Auxier, Jenner & Auxier Law Offices, Madison, IN, Stanley M. Chesley, Robert Heuck II, Waite Schneider Bayless & Chesley Co., LPA, W.B. Markovits, Markovits & Greiwe Co., LPA, Cincinnati, OH, for Appellant.

William C. Barnard, Gayle A. Reindl, Sommer & Barnard, P.C., Indianapolis, IN, for Appellee.

OPINION

MATTINGLY MAY, Judge.

Jeffrey Berghausen appeals the dismissal of his amended class action complaint against Microsoft Corporation. He raises four issues on appeal, which we consolidate and restate as:

1. Whether Berghausen, as an indirect purchaser, had standing to bring his antitrust claim against Microsoft;

2. Whether Berghausen's allegation of degradation of his computer's performance states a claim of an "antitrust injury"; and...

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