The US Court of Appeals yesterday refused a government request to stay out of the trial and agreed to hear Microsoft’s request to delay the break up of the company that was ordered by Judge Thomas Penfield Jackson on 7th June.

However, the Appeals Court also said it would drop consideration of the request if Judge Jackson certifies the case for expedition to the Supreme Court on the authority of a law which allows federal antitrust cases to take a fast-track procedure, by-passing the Appeal Court.

Even if Judge Jackson certifies the case for expedition to the Supreme Court, the Supreme Court could reject it and recommend it is heard by the Court of Appeals first.

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