took over the management of sri lankan hours they had complete authority to operate it they ran the management is day to day operations they appointed the c e o and a management team to work with him and they appointed directors that management team headed by mr peter hill then undertook to operate the day to day actions of the airline and two members of that management team both of them appointed by amrit mr jenner and mr hill obtain those three that three month extension term was made a number of representation that were false first she said that the open selection process was required by the board the board had was not consulted by sharon srilanka well let's let's look at that charter and all you have to tie the two is that hill that position which really doesn't go very far in competition does it you know i believe we have much more than that what we have is a border a management team set up by animals we have that management team affecting its decisions and implementing them through agents that it controls and instructing those vision with my agents mrs they were agents in conducting this conduct in making these statements she was doing so at the direction of the emirates management team where is the record it's in her team did not itself have to have one of its members make those statements if it had somebody else make those statements if they are made at the behest of under the instruction and under the control of they are attributable to the principle the principle here emirates management team which is emirates airlines consequently the conduct by mrs versatility in making the false statements to induce pyramid to continue to serve our trivial cameras ar the district court we reached the conclusion that they were not if there is any dispute it is a dispute as to facts and it should have been reserved for the jury to decide if he felt that it was not absolutely clear passengers to book flights if they wanted to go from frankfurt for lanka for so long to london they could fly silicon out and that was an alternative to the myriad of other alternatives that were available to passengers terminate our relationship not renew it and prevented us from meaningfully being considered fairly being considered in an open selection process is that torture under california law interference anybody why isn't it ok for someone to take over management of a company to say i don't think you ought to be doing business with these people we don't think they're very good  was taking over the management of sri lankan airlines correct for purposes of what they did the operational day to day operations and they say they're operating the airline so you no longer have any third party interfering with with as a relationship or contractual relationship with two other that you do if i were and i always by analogy if i were retained as a manager to run the day contracts on behalf of the corporation so the negligent must be recognized as something distinct from the corporation itself we still have three hundred g s here the question then is is someone retained conduct induce permit to extend the permit general sales agent agreement for a period of three months of the participate in the open selection process and here's the kicker why you might not get by summary judgement as to show why the statements allegedly versing to make the statements that it contends were fraudulent as you say there is that wrong i think you focus on precisely the language that i was looking at and i think that last portion of that is incorrect interesting somebody who was not on emirates management team but she was acting at the instruction of the management team and she was a beautiful generally but where he says there's no evidence that that the  what we know is the following this is versing he was asked instructed directed by mr james heeling to secure an extension of the contract by three months she did so she did so making statements that were that she told to make false statements or was that her frolic of her own really don't know the answer to that the jury has a right to evaluate that and that's the way it seems to judge versus that getting the speculation there's no evidence that this was caused by the other party and so lives you're arguing about whether the survive summary judgment is right on the money but the question is does and what you have here is a judge telling you look summary judgments on the table all the evidence is there if you were to obtain a verdict in your favor i'd throw it out because it's not supported by enough evidence that's what really summary judgment amounts to if you can't put to me a case that's going to hold up if you're accomplish your result then we're not going to allow the game to start and that's what he's saying this is all you have i'm not upholding  you're saying that's wrong i think that's absolutely wrong and it's wrong because when you have evidence of control instruction the agent asked to do so accomplishing it the fact that the problem because you have to you have to you have to maintain the position that these are two separate entities in order for you to sustain a tortious interference client correct and so now you've got today you've got an agency going at a time at the same time when you have to disclaim intention to allow permit to continue she was asked to go and get an extension in the course of asking a permit for an extension she told them this is a board required open selection process it's routine  its good behavior after serving as a general sales agent and ultimately mr hill on the eve of the decision again reiterated the false representation that there was no impairment do they continue to be able to do business in addition what they didn't tell the world and they didn't tell pyramid is that there were not for conditions in the advertised open selection process and that the four conditions were not necessarily this is been a matter that has been litigated in various forms around the world the same day that this complaint was filed against emirates another complaint was filed against syria like in airlines in syria often travel in judge two honour's is in that case the complaint permits complaint describes the government of syria like as having quote legal improve ace of control over syria like an airline is this is in march of two thousand and it describes the airline as quote an agency and instrumentality of the state is these are on the record at page one ninety four that case was resolved against against pyramid pretty close to these men that is the matter if you will for purposes of this issue they have to be independently tortious there's just no fraud here against our client and having had the pleasure of appearing before a judge brinn for a long time you're right he's very experienced he doesn't read these things lightly and he looked at it and drew the reasonable and justifiable inferences from the evidence that there may well be and i mean we don't know that  right and and by the way that that happens as a regular course in these situations so you know we really don't get we really don't understand how is the record at page two sixty eight he's been an employee of syria like in their eyes for at the time stop this edition was taken just over twenty two years does he have any connection with your client no by my client seventy two by the government now it's around now it's sixty forty but they own they are majority they have a majority of the board the government does and the chairman of the board