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IN RE SD MICROSOFT ANTITRUST LITIGATION

No. 23506.

707 N.W.2d 85 (2005)

2005 SD 113

In re SOUTH DAKOTA MICROSOFT ANTITRUST LITIGATION.

Supreme Court of South Dakota.

Decided November 16, 2005.

Attorney(s) appearing for the Case

David B. Tulchin of Sullivan & Cromwell, L.L.P., New York, New York, 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 & Lee, Pierre, South Dakota, Ben Barnow of Barnow & Associates, PC, Chicago, Illinois, Attorneys for appellee SD Microsoft Antitrust Litigation.

GILBERTSON, Chief Justice.

[¶ 1.] South Dakota indirect-purchasers of Microsoft operating systems software brought a state antitrust class action against Microsoft. A settlement agreement reached by the parties and approved by the trial court included the payment of Plaintiffs' "reasonable attorney fees" by Microsoft. After the settlement was approved by the trial court, it retained jurisdiction to decide the Plaintiffs' application for attorney fees, expenses...

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