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WELLS FARGO v. US AIRWAYS

650500/09, 7194.

100 A.D.3d 1 (2012)

950 N.Y.S.2d 50

2012 NY Slip Op 5949

WELLS FARGO BANK NORTHWEST, N.A., as Trustee of the Aircraft 24634 Owner Trust and Others, Respondent, v. US AIRWAYS, INC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

August 14, 2012.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York City ( Mark W. Robertson , Abby C. Johnston and Matthew F. Damm of counsel), for appellant.

Smith, Gambrell & Russell, LLP, New York City ( John J. Lee and Stacy E. Yeung of counsel), for respondent.

SWEENY, CATTERSON, RENWICK and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This dispute arises out of an arrangement by which defendant US Airways, while it was the owner or operator of the three aircraft at issue here, had acquired from the manufacturer the right to operate the aircraft at a maximum takeoff weight (MTOW) in excess of the MTOW assigned to them upon manufacture.

US Airways' predecessor company, America West Airlines, Inc., acquired the three 737-3G7 aircraft from Boeing in...

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