CNET News.com: Microsoft: Appeal should be heard by lower court

"Microsoft, in a legal brief today, said that the Supreme Court should allow a lower court to hear an appeal in the company's landmark antitrust case."

"The filing is the latest move by the software giant in its fight to avoid being split into two or more companies. U.S. District Judge Thomas Penfield Jackson in June found Microsoft had used illegal and unfair tactics against rivals to sustain monopoly power for its Windows operating system, used in most personal computers, and ordered the company broken up."

"The Justice Department and 19 states last month asked that the high court review the appeal directly, skipping over the U.S. Court of Appeals for the District of Columbia Circuit. But Microsoft today argued that the law allowing this action, the Expediting Act, does not cover the states' portion of the case."

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