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Sep 17, 2008 10:24 am US/Central
Judge: No Depositions Of Other CEOs In Delta Suit
ATLANTA, Ga. (AP) ―
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An electronic docket entry in the case filed in U.S. District Court in San Francisco says the request to allow depositions of the CEOs of American Airlines, Continental Airlines, US Airways and United Airlines has been denied.
CBS
A federal judge says a lawyer for 28 air travelers suing to block Delta Air Lines Inc.'s acquisition of Northwest Airlines Corp. cannot question the chief executives of four other major carriers about their views on airline industry consolidation.
An electronic docket entry in the case filed in U.S. District Court in San Francisco says the request to allow depositions of the CEOs of American Airlines, Continental Airlines, US Airways and United Airlines has been denied.
Lawyers for Delta and Northwest said in a letter to the court on Tuesday that granting the request would allow an "immaterial sideshow" and they asked the court to reject it.
Plaintiffs' lawyer Joseph Alioto said he wanted to question the four CEOs about public statements they have previously made about industry consolidation. Alioto said some of the comments were included in a document submitted by Northwest's CEO to Northwest's board of directors.
U.S. District Judge Vaughn Walker is set to preside over the Nov. 5 trial in San Francisco. Testimony is expected to last 10 days, and Walker could rule by Thanksgiving.
The Delta-Northwest stock-swap deal announced April 14 would create the world's largest carrier in terms of traffic. The deal is likely to gain shareholder and regulatory approval, leaving court intervention as the only thing that might stand in the way.
The plaintiffs are seeking an injunction to block the combination, arguing that it violates antitrust law and will substantially lessen competition. The lawsuit was filed June 18.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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