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December 9, 2013

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Judge lets merger of US airlines to take off

A JUDGE refused to block a merger between American Airlines and US Airways on Friday, saying a bankruptcy judge correctly rejected arguments made by a lawyer for some consumers.

San Francisco attorney Joseph Alioto argued that the deal would harm fliers because it would result in less competition and higher prices. But US District Judge Loretta Preska repeatedly noted that his arguments relied on outdated facts, had no evidence to support them and sometimes made no sense.

“There is nothing in the record from which I can make a finding that your clients are likely to be irreparably injured — personally,” she said.

American is owned by AMR Corp and is based in Fort Worth, Texas. The company has said it plans to complete the merger with Tempe, Arizona-based US Airways today.

Preska said a federal bankruptcy judge was “correct in all respects” in deciding last week to let the merger proceed. She also refused to stay the effect of her ruling while Alioto appeals to the 2nd US Circuit Court of Appeals.

Alioto complained on Friday to Preska that he’d gotten “the bum’s rush, with all due respect, by the bankruptcy court.”

Preska said Alioto had failed to show consumers would suffer irreparable harm or that he was likely to succeed in his effort to temporarily block the merger until a trial could be held on his antitrust lawsuit.

Alioto’s case lacked proof, said Attorney Dan Wall for US Airways Group Inc.

 




 

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