disgusts and example and they said a typical example would be a three hundred dollar ticket which they considered common at that time and they says that the travel agent and the passengers for one devon memel was enough to deter he an ally and cause a travel agent severe economic harm now the most significant thing about this one document record it's about two hundred eighty six dollars so we're just saying your honor that elton's determined that the president probably would not be willing to pay an additional hundred fifty dollars we think for serve they're not going to pay that the airline catches it at the counter because they check identification and or are you agent for the airline or you agent for the purchase well that's a question of fact your honor and that is the just report noted contract with the sub site down or inside out i'm not quite sure what the right analogy is but where there's a genuine contract dispute between the parties then the defendants claim here delta's claim against the travel we think you breached the contract didn't do what you were supposed to do where there's a genuine dispute there on the contract issue that is a matter of law that does not give rise to a rico claim against delta that the closest case on point i think is the union national bank case out of the eighth circuit where union national bank and fannie mae got crosswise on their contract fannie mae took the position that under the contract that union national bank was in breach  it's a contract case and they are that the court even said even though there were genuine issues of fact whether the contract been modified so that fannie mae did not even still have a right to terminate without cause belief that that's not  rico case it's a contract say and for that reason i think in plaintiff's briefs in specially in reply where they argue extensively that the contract between delta and the travel agen ambiguous rather than proving why that this court should reverse their proving why this court should affirm because they're saying by saying the kind tracks ambiguous there necessarily saying there's a legitimate genuine tickets and it's not used in a contract that it's that they're entitled to the difference between that and the fall of first class there is anything that governs any of that in the contract industry agent's handbook that contains the agreement where there is just proof that has all of the requirements for the ticketing in the like laid out in there and it's also in the in the computers as well when they go provision in the contract what we say to them is based on the instructions in the rules and regulations for this type of fare here's what you are supposed to charge here's what you get charged we think we're entitled to the difference d walk up to the airport and buy it when we do it when we are that we say well wait a minute here's a ticket where it wasn't issued within twenty four hours when the reservation was made the only kind of ticket that you can buy like that is one of these on agent were to sell a twenty one day advance fare that's two hundred dollars but they they've made the reservation fourteen days in advance not twenty one days in advance we would have said we've got a medal for that as well and say wait a minute you sold the twenty one day ticket for two hundred dollars you sure are sol a fourteen they take it say for three hundred dollars you also one hundred dollars they're not suing on any of those and they're penalty which is which is the key to their argument that that these are extraordinary or that there's something improper about the death of mammals so that they're actually only challenging what i think the record shows twenty five appeal very nicely it was actually the conclusion of i don't know if it's elegant but it's sure the stupid sentences he wrote the possibility of trouble the average is an attorney's fees provides a of the represent spirally that they maintain a sort of system and the delta makes the decisions about what it wants a computer system to do that's far from sufficient agreement to an on lawful enterprise and with respect to the world standard world standards just a computer reservation system the travel agents used to book tickets and there they stayed only two documents which don't say anything about and the walkies i think is right on point to this issue because the walk is a case where a company scanned people by giving a consumer protection for like one hundred fifty dollars they had asked for and it showed up in your deference and use the normal use of discretion standard and the argument they made was that judge thought was not lay out grounds for her decisions and one class certification and i just want to emphasize that in the pressing bankruptcy planning that we would immediately like or no thank you thank you the standard review we believe that the district court misstated the wa and changes and some findings that were not supported by the record but we believe that this particular court has stated that