APS CAPITAL CORP. v. MESA AIR GROUP, INC.

No. 08-50770.

580 F.3d 265 (2009)

APS CAPITAL CORP., Plaintiff-Appellant, v. MESA AIR GROUP, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 2009.


Attorney(s) appearing for the Case

James Joseph Scheske (argued), Akin, Gump, Strauss, Hauer & Feld, Austin, TX, Heather Lynn Peckham, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Geoffrey Robert Unger, Juan M Alcala (argued), Meghan Leigh Paulk Ingle, Courtney Thornton Stewart, DLA Piper, L.L.P., (US), Joseph Virgil Crawford, Wright & Greenhill, Austin, TX, Brian A. Cabianca, Squire, Sanders & Dempsey, Phoenix, AZ, for Defendant-Appellee.

Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This contract case, governed by Texas law, comes to us on appeal from summary judgment in favor of Mesa Air Group. APS argues that the district court erred in finding an enforceable contract on summary judgment, and in its award of damages.

I

Mesa Air Group is a regional airline that, in the course of Delta Airline's bankruptcy proceedings in the Southern District of New York, was awarded an unsecured trade...

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