 In September 1990, Braniff International Airlines, Inc. initiated the acquisition of the assets of bankrupt Austin, Texas air charter company Emerald Air, including its air operator's certificate, four McDonnell Douglas DC-9 aircraft, a maintenance hangar at Houston Intercontinental Airport, and its inventory of spare aircraft parts.Braniff merged with Emerald and sought to fly under that carrier's operating certificate, but the USDOT still refused to permit Braniff to begin flights unless the principals of the new airline signed sworn affidavits stating that Spencer would not be involved in any capacity at the carrier.Spencer, Chodorow, and Cohen submitted affidavits in May 1991 stating that Spencer would have no connection nor hold any position with Braniff nor Emerald in any capacity, directly or indirectly.