Microsoft plea kicked out of court

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The U.S. government has kicked out Microsoft’s attempt to throw out claims that nine states have made against it on grounds that a proposed antitrust settlement has already been reached with the federal government.

Microsoft had asked the judge in the antitrust case to dismiss the states' proposed antitrust sanctions, arguing that they lack standing without the federal government's support. But the bid failed on Monday.

``The United States finds no definitive case law that would require granting the relief Microsoft seeks as a matter of law,'' the U.S. Justice Department said in a filing with U.S. District Judge Colleen Kollar-Kotelly.

But the department warned that the judge should be ``particularly cautious'' about their demands for antitrust sanctions. The states' case ``is not an appropriate vehicle for pursuing the interest of private individuals or commercial entities,'' it said in a briefing document.

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