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Re: adelevet post# 12114

Monday, 04/19/2010 7:04:44 PM

Monday, April 19, 2010 7:04:44 PM

Post# of 16651
From stju1979

This is whats on the table. This could be quick and to the point considering they have been down this road before.

There are five litigation issues pending between Delta and MAG. The resolution of these cases are a determining factor in the Chapter 11 reorganization of MAG. Total claims by Mesa are $70 - $80 million. Here are the cases:

1. Mesa v. Delta: Code-Share agreement for 22 MAG ERJ-145's. Georgia District Court placed agreement under injunction. Delta appealed and lost in the Georgia Court of Appeals. Mesa is seeking assumption of the contract in the US Bankruptcy Court, Southern District of New York.

2. Delta v. Mesa: Material Breach of Code-Share agreement. Pending in Georgia District Court.

3. Mesa v. Delta: Damages for termination of CRJ-900 agreement (Delta owns aircraft). Pending in Georgia District Court.

4. Delta v. Mesa: Counterclaim against Delta CRJ-900 damages. Pending in Georgia District Court.

5. Mesa v. Delta: Seeking return of seven engines from the CRJ-900 agreement. District court ruled Delta forfieted it's lien claims. Delta appealed and lost. Pending in Georgia District Court.

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