Delta has won another victory in its legal battle with Southwest over gate space at Dallas' second airport, Love Field.
In a split 2-1 ruling on Feb. 2, the United States Court of Appeals for the Fifth Circuit found that Delta can continue to use Love Field's Gate 15 while the court case meanders on.
The ruling denies a Southwest appeal and upholds a January 2016 lower court injunction that prevented Southwest from throwing Delta out of the gate, from where it operates five flights a day to Atlanta.
The case is a classic airline turf war in a major U.S. market. Under a 2006 agreement with the cities of Dallas and Fort Worth, as well Dallas/Fort Worth Airport and American Airlines, Southwest effectively cannot operate out of DFW, but the carrier controls 16 of the 20 gates at Love Field unambiguously.
In January 2015, Southwest also leased two more gates from United. The long-term deal came as Delta was operating at Love Field under a separate, shorter-term arrangement with United.
Southwest ordered Delta to vacate Gate 15 at the end of July 2015, but Delta balked, saying that Southwest wants to squash competition at Love Field.
Early last year, U.S. District Court Judge Ed Kinkeade wrote that per its agreement with United, Southwest has primary, but not exclusive, rights to gate 15. As such, Delta can continue its operations.
In its appeal of that ruling, Southwest argued that the lease establishes Southwest's rights to full use of its gates.
The Fifth Circuit Court concluded that Delta has demonstrated a strong chance to win the Love Field case, which is why the injunction against removing the carrier from Gate 15 is justified.
In a dissent of the decision, however, circuit Judge Edith Jones wrote that Southwest has been deprived of its rights as the primary leaseholder of Gate 15. The injunction, she said, imposed "a status on Delta to enforce invented contract rights."
Southwest did not immediately respond to an email for comment on the decision Monday.
Delta said it is pleased to continue to serve its customers at Love Field.
"Dallas travelers enjoy the benefits of competition and additional travel choices at Love Field, and Delta is committed to continuing to serve this market," the carrier said.

Source: Travelweekly