Southwest Wants Full 5th Circ. To Review Delta Gate Fight

Law360, Dallas (February 21, 2017, 11:29 AM EST) -- Southwest Airlines Co. has asked the Fifth Circuit to reconsider en banc a ruling allowing Delta Air Lines Inc. to fly from gates at Dallas Love Field airport, saying a panel majority wrongly issued an advisory opinion despite Delta's lack of standing.

The case involves Southwest's lease of gates at Love Field, the 20-gate airport near downtown Dallas that is owned by the city, and Delta's argument it is entitled to continue operating five flights a day from one of Southwest's gates. A split Fifth Circuit panel ruled Feb. 2 the lease agreement "plainly establishes a duty to accommodate by both...

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