Yep, that is the one.
Here is how we are going to use it. We are going to remind the company for the third time, that if they touch the Nic, the West pilots will sue the living daylights out of them. Since they have been warned twice before, I think they will get the idea.
Oh, wait, I have been using the past tense. I think AOL already warned them a third time, and as a response they told usapa to pound sand and filed for a declaratory judgement, only to hear in the course of oral arguements over West's motions, a federal judge tell the company for the fourth time, that if they touch the Nic, the West pilots have a case against them, which BTW usapa has already lost once.
Ouch,,,,,the Nic, unmodified, to its terms, or, get sued, waste money, lose "unquestionably ripe DFR". But, if you happen to be LCC and not usapa, strike DFR and insert hybrid DFR claim or a couple hundred million, whichever you prefer.
Also, this is going to come as a big surprise to the union busting little lawyer, or at least to the people he has hoodwinked into believing him, but, I think AOL's legal team is going to hit usapa over the head in the company's suit with quotes from the 9th in Addington, or are you saying the 9ths dicta has no relevance, has been "wiped clean" and cannot be cited?