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DALLAS (CBSDFW.COM) – The federal judge overseeing the lawsuit over a gate currently used by Delta Airlines is telling all the parties to get it together.

U.S. District Judge Ed Kinkeade has set a date for the hearing over the use and control of Love Field’s Gate 15 for September 28 and 29.

As it stands, Delta has one gate at Love Field and uses it for five daily flights. But Gate 15 is controlled by Southwest Airlines and they have told the airline they need to be out by September 30. Delta wants to stay.

Aviation attorney Kent Krause explains, “One side is saying the injunction is to allow Delta to stay and the other side is saying that they need to be enjoined from trying to stay there. In other words, let ‘em kick ‘em out.”

So, two days before the deadline Judge Kinkeade will hear arguments from the city of Dallas, Delta, Southwest and a number of other interested parties.

Krause says between now and then the Judge wants all legal work completed, so that there are no delays. “They’ve got now a limited timeframe in which to figure out the facts, that relate at least to the issues of the injunction.”

If Delta loses it may be forced to send passengers to Dallas Fort Worth International Airport for flights that have already been booked.

Krause pointed out that if the judge rules in favor of Southwest, Delta might have to move out fast. “You don’t know exactly what the judge would rule… or whether he would say ‘I’m gonna order that they leave, but I’m gonna give then five days to do it, or two weeks’ or who knows what. So, that’s probably something that would be determined at the hearing.”

Out of the 20 gates at Love Field Airport, Southwest says it’s entitled to 18 and Virgin America Airlines the other two.

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