The Justice Department’s fight with American Airlines and US Airways over whether the two carriers can merge received a blow as a judge rejected a request from the government for a delay in the case.

Judge Colleen Kollar-Kotelly turned down the request in a brief order issued on Tuesday. The delay had been requested because of the government shutdown.

The Justice Department and several states sued on Aug. 13 to stop the merger, saying the deal to create the world’s biggest carrier would lead to higher fares and stifle competition.

The case at the U.S. District Court for the District of Columbia is No. 1:13-cv-1236.

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