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MASSACHUSETTS v. MICROSOFT CORP.

Nos. 02-7155 and 03-5030.

373 F.3d 1199 (2004)

Commonwealth of MASSACHUSETTS, ex rel., Appellant, v. MICROSOFT CORPORATION, Appellee. United States of America, Appellee, v. Microsoft Corporation, et al., Appellees. The Computer and Communications Industry Association and The Software and Information Industry Association, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2004.

Attorney(s) appearing for the Case

Steven R. Kuney argued the cause for appellant Commonwealth of Massachusetts, ex rel., in No. 02-7155. With him on the briefs were Brendan V. Sullivan, Jr., Thomas F. Reilly, Attorney General, Attorney General's Office of the Commonwealth of Massachusetts, and Glenn S. Kaplan, Assistant Attorney General. John E. Schmidtlein and Nicholas J. Boyle entered appearances.

Robert H. Bork argued the cause for appellants The Computer and Communications Industry Association, et al., in No. 03-5030. With him on the briefs were Kenneth W. Starr, Glenn B. Manishin, Stephanie A. Joyce, Mark L. Kovner, and Elizabeth S. Petrela.

Kenneth W. Starr, Robert H. Bork, David M. Gossett, Elizabeth S. Petrela, Donald M. Falk, and Mitchell S. Pettit were on the brief of amici curiae The Computer and Communications Industry Association, et al., in support of appellant in No. 02-7155. Glenn B. Manishin entered an appearance.

Deborah P. Majoras, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee United States of America in No. 03-5030. With her on the brief were R. Hewitt Pate, Assistant Attorney General, and Catherine G. O'Sullivan and David Seidman, Attorneys.

Michael Lacovara and Steven L. Holley argued the causes for appellees. With them on the briefs were John L. Warden, Richard J. Urowsky, Richard C. Pepperman II, Bradley P. Smith, Thomas W. Burt, David A. Heiner, Jr., Charles F. Rule, and Dan K. Webb.

Before: GINSBURG, Chief Judge, and EDWARDS, SENTELLE, RANDOLPH, ROGERS, and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

  I.  Background .......................................................1204

 II.  Commonwealth of Massachusetts v. Microsoft, No. 02-7155 ........1207
      A.  Remedial Proposals ...........................................1207
          1.  Commingling ..............................................1207
          2.  Java deception ..................................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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