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Gates deposition to proceed
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August 19, 1998: 9:02 p.m. ET
Appeals court denies public access, clearing way for case to move forward
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NEW YORK (CNNfn) - A federal appeals court Wednesday denied public access to the depositions of Microsoft chief Bill Gates and other executives in the government's antitrust suit against the company, clearing the way for the landmark case to move toward trial.
Gates' testimony originally was scheduled to begin last week, but U.S. District Judge Thomas Penfield Jackson, the trial court judge in the case, had postponed it while ground rules were worked out for public attendance.
Judge Jackson has scheduled a status hearing for Thursday morning to discuss the progress of the case with attorneys from both sides.
There is a two-week delay under consideration for the trial, which is now scheduled for Sept. 8.
Several news organizations had asked the lower court to admit them to the deposition under the Publicity in Taking of Evidence Act, which requires public access to depositions in antitrust cases brought by the government.
The U.S. Court of Appeals for the District of Columbia Circuit did not decide who was right but refused to delay the depositions, holding that Microsoft (MSFT) was more likely to be harmed in the short term than news organizations.
The appeals court has asked that Microsoft file a brief by Sept. 1 and that the Justice Department and media organizations present theirs by Sept. 22.
-- from staff and wire reports
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