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Delta plans to appeal Love Field ruling if it goes against the airline

Delta Air Lines is currently using Gate 15 at Dallas Love Field for five daily flights to Atlanta. A federal judge has yet to rule on whether or not the Atlanta-based airline should be allowed to use the gate, which is leased by Southwest Airlines.
Delta Air Lines is currently using Gate 15 at Dallas Love Field for five daily flights to Atlanta. A federal judge has yet to rule on whether or not the Atlanta-based airline should be allowed to use the gate, which is leased by Southwest Airlines. Star-Telegram

Delta Air Lines confirmed it will appeal a federal judge’s ruling if the judge decides that Delta has to stop flying out of Dallas Love Field.

“We would intend to appeal any adverse ruling,” said Delta’s executive vice president Peter Carter on the Atlanta-based carrier’s third quarter earnings call.

The company added that there are “administrative actions” pending in front of the Federal Aviation Administration to connsider revoking airport improvement grants or funding that Dallas Love Field has received if Delta is forced to stop its five daily flights to Atlanta.

The legal battle began in June when the city of Dallas filed suit, asking the federal courts to help the city figure out if it has to continue to provide gate space to Delta Air Lines, which currently operates five daily flights to Atlanta.

Delta had been leasing gate space from United Airlines until the end of last year when United transferred its leases on two gates at Love Field to Southwest Airlines. Delta and Southwest had a temporary agreement to allow Delta to continue flying through July, but Southwest planned to end that deal as the Dallas-based carrier added more flights to its schedule at Love Field.

A hearing was held two weeks ago in Judge Ed Kinkeade’s court room. Final written arguments from Delta, Southwest and the city were due last week and the judge has yet to make a decision on whether or not Delta should be forced to leave. Any ruling would be appealed to the Fifth Circuit Court of Appeals in New Orleans.

On Wednesday, Delta reported a third quarter profit of $1.3 billion as revenues declined one percent to $11.1 billion. The airline benefited from cheap jet fuel, paying $1.1 billion less for jet fuel in the third quarter when compared to the third quarter of 2014.

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