IN RE S.D. MICROSOFT ANTITRUST LITIGATION

No. 22306.

657 N.W.2d 668 (2003)

2003 SD 19

In re SOUTH DAKOTA MICROSOFT ANTITRUST LITIGATION.

Supreme Court of South Dakota.

Decided February 12, 2003.


Attorney(s) appearing for the Case

Charles B. Casper of Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA, David B. Tulchin, Joseph E. Neuhaus, Sullivan & Cromwell, LLP, New York, NY, Gene N. Lebrun of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, South Dakota Attorneys for appellant Microsoft.

Mark A. Moreno of Schmidt, Schroyer & Moreno, PC, Pierre, South Dakota, Ben Barnow of Barnow & Associates, P.C., Chicago, IL, Leonard B. Simon of Milberg, Weiss, Bershad, Hynes & Lerach, LLP, San Diego, CA, Attorneys for appellees Swanson, Knecht, Schoenfelder, Gengler.


GILBERTSON, Chief Justice.

[¶ 1.] The Sixth Judicial Circuit Court granted class certification in this indirect-purchaser antitrust action to members of a certified class of South Dakota end-users (Class Members). This Court granted a discretionary appeal brought by Microsoft Corporation (Microsoft). We affirm the circuit court's certification order.

FACTS AND PROCEDURE

[¶ 2.] The Class Members, who are indirect purchasers of Microsoft...

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