Thread: Comair updates?
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Old 09-09-2008 | 07:44 AM
  #7720  
RiddleEagle18
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Originally Posted by H46Bubba
Actually OJ filed for the ERJ's on April 8th at the U.S. District Court in Atlanta. They also filed against Delta on August 6th to get their engines back, which Delta is holding in Lien against Mesa for non payment. There is nothing filed as far as the 900's are concerned. They're Delta property and taking them away will not harm MAG financially other than lost revenue. There is a hearing set for the 25th of this month regarding the ERJ contract and they are still awaiting a hearing date at the U.S. Court of Appeals, for Delta's appeal on the injunction. That case has gotten pretty nasty and I've actually seen some of the e-mails from MAG. They're pretty good at pawning their mess onto their mainline partners.
Thats correct the erj suit was filed but it took them nearly a month to file it after the initial announcement that they were being pulled. I understand Delta owns these aircraft but I can guarantee you Mesa, will at the very least file a lawsuit for breach of contract. There is absolutely a possibility that Delta will be unable to cancel the 900 contract. Mesa may not be able to gain an injunction for the reasons you stated but Delta may have to put these a/c back in service with Mesa or pay a huge penalty when mesa sues and If they win.

That is the first Date I have seen in conjunction with the ERJ lawsuit. Hopefully that is the case because I just want to know one way or the other. I presume the appeal to the injunction would have to be heard before the court case because why hear an appeal on an injunction after the lawsuit is settled.
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