DALLAS (AP) — A federal appeals court is upholding a ruling that will let Delta Air Lines stay at Dallas Love Field Airport, at least temporarily, over the objections of Southwest Airlines.
A spokesman for Southwest said Friday that the airline would continue to fight the case in a lower court in Dallas, where the company is based.
Delta, based in Atlanta, said it was satisfied with the ruling.
By a 2-to-1 ruling, a panel of judges on the U.S. Fifth Circuit Court of Appeals upheld a district court injunction that blocked Southwest from evicting Delta while the case moves toward a trial in the lower court. Delta uses a gate that Southwest leases from the city-owned airport.
Both courts have ruled that Delta’s chances of winning a trial are good enough that it should not yet be kicked out of the airport, which is popular because of its location close to downtown Dallas.
Southwest says that Delta, which doesn’t lease any gates at the airport, is interfering with its operations. Delta operates five flights a day at Love Field compared with about 180 by Southwest.
Delta argues that Southwest’s lease requires it to share space with Delta because Southwest had room when Delta requested use of a gate.
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