Feds rests Microsoft case
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January 13, 1999: 3:30 p.m. ET
Judge denies Microsoft motion to dismiss case; company set for defense
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NEW YORK (CNNfn) - The U.S. District Court judge presiding over the Microsoft Corp. antitrust trial Wednesday rejected the defense team's motion to dismiss the suit as the government wrapped up its case against the software giant.
U.S. District Judge Thomas Penfield Jackson denied Microsoft 's (MSFT) motion for summary judgment "without prejudice," which means he could reconsider his position at any stage in the trial. Microsoft's motion and Jackson's rejection were long expected.
Jackson's ruling set the stage for Microsoft to put its first witness -- Richard Schmalensee, an economics professor at the Massachusetts Institute of Technology -- on the stand for government cross-examination.
Under the ground rules of the trial, witnesses have already submitted their direct testimony in writing and take the stand for cross-examination and rebuttal.
In its defense, Microsoft will attempt to show that its business strategies have worked to the benefit of consumers. The company is hoping that defense will refute any antitrust charges brought by the Justice Department and 19 states.
Microsoft shares rose 4-1/16 to 146-1/4 in late trade.
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