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Re: UAL vs. MESA filed 11/23/09 24-Nov-09 11:46 am
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
United Air Lines, Inc.,
Plaintiff,
v.
Mesa Air Group, Inc.,
Defendant.
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Case No.
Judge
Magistrate Judge
COMPLAINT FOR DECLARATORY AND OTHER RELIEF
Plaintiff United Air Lines, Inc. (“United”), by its undersigned counsel, complains against
Defendant Mesa Air Group, Inc. (“Mesa”) as follows:
NATURE OF THE ACTION
1. Pursuant to a contract between the parties, Mesa flies aircraft as a “United
Express” carrier. The parties’ contract provides that the term for Mesa’s United Express
operation of a number of fifty-seat regional jets (“RJ-50s”) expires no later than April 30, 2010.
The contract also provided Mesa with a right, on timely notice and compliance with the other
relevant contract provisions, to have replaced up to 15 of those RJ-50’s with seventy-seat
regional jets (“RJ-70s” ). The contract provides that Mesa’s delivery of a replacement RJ-70 for
United Express service must correspond on a one for one basis with the retirement of the RJ-50
that the RJ-70 was to have replaced. Where Mesa properly elects replacement in this fashion, the
term of each replacement RJ-70 ends on the earlier of ten years from the date of delivery or
October 31, 2018. Where Mesa has not properly made such an election, the contract provides
that United may decline the replacement RJ-70