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COMES v. MICROSOFT CORP.

No. 03-1703.

696 N.W.2d 318 (2005)

Joe COMES and Riley Paint, Inc., an Iowa Corporation, Appellees, v. MICROSOFT CORPORATION, a Washington Corporation, Appellant.

Supreme Court of Iowa.

May 13, 2005.

Attorney(s) appearing for the Case

Edward W. Remsburg of Ahlers & Cooney, P.C., Des Moines, David B. Tulchin and Joseph E. Neuhaus of Sullivan & Cromwell LLP, New York, New York, Thomas W. Burt, Richard Wallis, and Steven J. Aeschbacher of Microsoft Corporation, Redmond, Washington, and Charles B. Casper of Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, Pennsylvania, for appellant.

Roxanne Barton Conlin of Roxanne Conlin & Associates, P.C., Des Moines, and Richard M. Hagstrom of Zelle, Hofmann, Voelbel, Mason & Gette LLP, Minneapolis, Minnesota, for appellees.

LARSON, Justice.

The plaintiffs in this antitrust case have been certified by the district court to represent two classes of purchasers of Microsoft products. See Iowa Rs. Civ. P. 1.261-1.279. Microsoft appealed, claiming the plaintiffs have not established the prerequisites for class certification. We affirm.

I. Facts and Prior Proceedings.

This suit was brought against Microsoft...

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