Delta Air Lines is preparing to place 34 Embraer ERJ-145s flown by Mesa subsidiary Freedom Airlines back into service as the Atlanta-hubbed carrier awaits an appeal of a ruling prohibiting the removal of the aircraft from Delta's operations.

In March Delta informed Mesa of its intent to cancel the contract covering the operation of those 34 50-seat jets, citing Freedom's failure to meet certain operational targets specified in their air services agreement.

Mesa opted to sue Delta over the contract suspension and in May a judge issued a preliminary injunction prohibiting Delta from dissolving the deal.

Delta is appealing against the decision, but until the matter is resolved the ERJs must continue Delta Connection operations.

Meanwhile, on 5 August Delta informed Mesa that it was cancelling another Freedom contract covering the operation of seven two-class Bombardier CRJ900s, using the same rationale that the regional carrier missed operating targets. Mesa subleases those aircraft from Delta, and was scheduled to fly an additional seven aircraft by May 2009.

Recently Mesa chief executive Jonathan Ornstein told employees the CRJ900 dispute would also have "to wind its way through the courts".

Source: Flight International