ost983707

OST-98-3707

Western Pacific Airlines, Inc. (Disclaimer of Jurisdiction)

OST-98-3707 | April 2, 1998

Application for a Disclaimer of Jurisdiction

Requests the DOT disclaim jurisdiction over the transaction by which WestPac will transfer to a wholly-owned subsidiary certain airline-related assets, including the airlines' DOT and FAA-issued certificates and other authorities, airline-related documents, WestPac's tradename, trademarks and goodwill, all of WestPac's spare parts and tooling, and certain furniture and office equipment. At closing, all of the stock of the newly formed subsidiary will then be sold to Star Air Trading Corp. ("Star") for $350,000 pursuant to the terms of the Amended Asset Purchase Agreement dated as of March 24, 1998

Attachment: Amended Asset Purchase Agreement | Service List

Counsel: Western Pacific and Bagileo Silverberg, Robert Silverberg, 202-944-3300

Western Pacific Airlines, Inc.

Order 98-10-34
OST-98-3707
OST-98-3767
OST-98-3768

Issued October 30, 1998
Served November 3, 1998

Order Dismissing Applications

Disclaimer of Jurisdiction and Exemption from Section 41105 and Transfer of 41102 Certificate

We advised the applicant on several occasions that, before any action could be taken on these applications, it needed to file the information necessary to determine the fitness of Blue Line. However, to date, it has not done so. Further, Blue Line has informed us that it is no longer interested in pursuing a certificate transfer approval from the Department to obtain Western Pacific's dormant section 41102 certificate. In addition, in October, the trustee for Western Pacific indicated that he had no objection to our dismissing the transfer applications.

By: John Coleman