Consumers Ask 9th Circ. To Revive Airline Antitrust Suit

Law360, New York (May 8, 2012, 1:12 PM EDT) -- Consumers seeking to revive a proposed class action challenging Southwest Airlines Co.'s $1.4 billion merger with AirTran Holdings Inc. told the Ninth Circuit on Friday that the district court improperly nixed the suit because it was filed a day after the deal closed.

The November dismissal from the Northern District of California conflicts with an earlier decision from the Washington federal court in a similar suit over another merger, the plaintiffs argued in their opening brief to the Ninth Circuit. In that case, the judge held...
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