Supreme Court to Take Up Apple iPhone App Lawsuit, Rejects Appeal From Gay Inmate in South Dakota - NBC New York
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Supreme Court to Take Up Apple iPhone App Lawsuit, Rejects Appeal From Gay Inmate in South Dakota

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    Supreme Court to Take Up Apple iPhone App Lawsuit, Rejects Appeal From Gay Inmate in South Dakota
    A file photo of the Supreme Court.

    The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps. 

    The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple. 

    Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. 

    Apple won initially in a lower court which dismissed the lawsuit.

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    The court also rejected an appeal from a gay death row inmate in South Dakota who says jurors were biased against him because of his sexual orientation.

    The justices did not comment Monday in leaving in place the death sentence for Charles Rhines. He was convicted in the stabbing death of a doughnut shop employee in Rapid City, South Dakota, in 1992. 

    Rhines tried to persuade the court to take an interest in his case after the justices last year ruled that evidence of racial bias in the jury room allows a judge to consider setting aside a verdict. Rhines said one juror said Rhines should not be sentenced to life in prison because he is gay and would be housed with other men.