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Published on 8/22/2013 in the Prospect News Distressed Debt Daily.

AMR, US Airways seek Nov. 12 trial date for merger challenge lawsuit

By Caroline Salls

Pittsburgh, Aug. 22 - American Airlines, Inc. parent AMR Corp. and US Airways Group, Inc. filed a motion to set a trial date and supporting brief in connection with a Department of Justice (DOJ) lawsuit that asks the U.S. District Court for the District of Columbia to grant a permanent injunction against the airlines' proposed merger, according to an American Airlines news release.

American Airlines and US Airways requested a Nov. 12 trial date. The airlines said they estimate that the trial will run for 10 court days.

In their motion, the companies said the proposed trial date is very reasonable by recent historical standards.

"Courts routinely try merger challenges promptly in recognition of the steep costs and burdens to the merging parties associated with uncertainties over their futures in dynamic and competitive markets, as is the case here," the airlines said in their motion.

According to the release, the DOJ requested the trial be held 180 days after the lawsuit was filed. Based on DOJ merger cases litigated to a decision since 2001, American said the average time from DOJ complaint to trial is 70 days.

"This merger is the foundation of American's plan to exit bankruptcy," US Airways chairman and CEO Doug Parker said in the release.

"We are committed to resolving this litigation and, if necessary, will pursue all legal options in order to achieve this merger."

US Airways is an airline operator based in Tempe, Ariz.

AMR, the Fort Worth-based parent of American Airlines, filed for bankruptcy on Nov. 29, 2011 in the U.S. Bankruptcy Court for the Southern District of New York. Its Chapter 11 case number is 11-15463.


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