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MOUNTAIN VIEW, Calif.—August 21,
2002—Be Incorporated (OTC: BEOSZ.PK) announced today - the Judicial
Panel on Multidistrict Litigation has ordered Be's antitrust
lawsuit against Microsoft transferred to the federal district
court for the District of Maryland in Baltimore. Be’s
antitrust suit will now be coordinated by Judge Frederick Motz
along with the lawsuits filed by at least two other significant
competitors of Microsoft and certain consumer class action suits
currently pending there against the software company. Be had
originally filed its suit in the Northern District of California,
where it was assigned to a federal judge sitting in Oakland.
Judge Motz
has scheduled a status conference, for the purpose of planning
discovery and other pre-trial proceedings, on August 27 for
the attorneys of all parties whose cases against Microsoft will
be coordinated by the judge. At an appropriate time, Be
will be entitled to have it's case transferred back to the federal
court in Oakland, unless Be consents to a trial of its case
in Baltimore.
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