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POMERANTZ v. MICROSOFT CORP.

No. 01CA0458.

50 P.3d 929 (2002)

Benjamin J. POMERANTZ, M.D., on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. MICROSOFT CORPORATION, a Washington corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

May 9, 2002.

Attorney(s) appearing for the Case

Pendleton, Friedberg, Wilson & Hennessey, P.C., Alan C. Friedberg, Susan M. Hargleroad, Michelle Rene Kestler, Denver, Colorado, for Plaintiff-Appellant.

Davis Graham & Stubbs LLP, Gale T. Miller, Michael J. Gallagher, John Allen Francis, Denver, Colorado; Sullivan & Cromwell, David B. Tulchin, Joseph E. Neuhaus, New York, New York, for Defendant-Appellee.

Opinion by Judge TAUBMAN.

Plaintiff, Benjamin J. Pomerantz, M.D., appeals the judgment dismissing his complaint against defendant, Microsoft Corporation, for violation of the Colorado Antitrust Act of 1992, § 6-4-101, et seq., C.R.S. 2001(Act), by allegedly overcharging for its Windows 98 operating system. We affirm.

I. Facts and Procedural History

Microsoft is a corporation, organized under the laws...

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