Prime Air Inc v. Investors Asset Hold, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-20455
_____________________
PRIME AIR, INC., doing business as
Transmeridian Airlines,
Plaintiff-Appellant,
versus
INVESTORS ASSET HOLDING
CORPORATION, As Trustee For
Airfund II International Partnership;
ET AL.,
Defendants,
INVESTORS ASSET HOLDING
CORPORATION, As Trustee For
Airfund II International Partnership;
PLM INTERNATIONAL, INC.,
Defendants-Appellees.
_______________________________________________________
Appeal from the United States District Court for
the Southern District of Texas
(D.C. No. H-96-CV-3804)
_______________________________________________________
March 27, 2000
Before KING, Chief Judge, REAVLEY and STEWART, Circuit Judges.

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*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set
forth in 5TH CIR. R. 47.5.4.
2
PER CURIAM:*
The judgment of the district court is affirmed for the following reasons:
• Prime Air is bound by the lease’s unambiguous “as is, where is” provision,
and its breach-of-contract claims therefore fail as a matter of law;
• Prime Air’s fraud claims were properly dismissed because they were not
pleaded with sufficient particularity under FED. R. CIV. P. 9(b);
• Prime Air failed to obtain a ruling on its request to replead;
• Prime air raised no genuine issue of material fact regarding its claims of civil
conspiracy, tortious interference, negligence, and gross negligence; and
• Prime Air’s argument that the district court abused its discretion by
reconsidering Investors Asset’s motion for summary judgment is moot.
AFFIRMED.

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