In an interview on Wednesday afternoon, San Francisco attorney Joseph Alioto said he plans to appeal U.S. bankruptcy judge Sean Lane's denial of his temporary injunction request to stop the merger between American Airlines and US Airways.
Alioto, who represents about 40 clients in a civil antitrust suit trying to block the merger, said his firm plans to file a notice of appeal with Lane on Wednesday. As of 2:30 p.m. CDT, Alioto's firm has not filed the notice.
"We will be filing it almost immediately," Alioto said, noting he will comply with any procedural requests from the court. If Lane does not delay his ruling while Alioto appeals to the federal courts, Alioto said he will ask the appeals court to stay Lane's ruling.
Since Lane ruled that the merger could proceed without any additional approval from creditors, American has already notified the court it plans to close its merger with US Airways on December 9.