(Reuters) – A U.S. appeals court docket on Monday upheld the dismissal of a lawsuit accusing Boeing (NYSE:) provider Spirit AeroSystems (NYSE:) of deceptive buyers by withholding details about manufacturing cuts on the 737 MAX following two crashes in 2018 and 2019.

A 3-judge panel of the Denver-based tenth U.S. Circuit Court docket of Appeals dominated 2-1 that buyers pursuing the proposed class motion in opposition to Spirit had not met the “stiff burden” required for allegations of fraud.

Spirit AeroSystems didn’t instantly reply to a request for remark.

The Federal Aviation Administration (FAA) grounded the 737 MAX in March 2019 as did regulators all over the world. The airplane was not cleared to return to service till November 2020.

After the grounding, Boeing lowered manufacturing of the 737 MAX from 52 shipsets per thirty days to 42 however saved buying 52 shipsets from Spirit. Shipsets embrace an plane’s fuselage, pylon, wing main edges, thrust reverser and engine nacelle.

Spirit reassured buyers in October 2019 it might proceed to provide 52 shipsets for an prolonged interval. In December 2019, Boeing advised Spirit to cease delivering shipsets for the 737

MAX.

The plaintiffs alleged Spirit executives made the reassuring statements about manufacturing despite the fact that Boeing had privately advised Spirit about plans to cut back purchases, one thing the executives deny.

Gilson resigned after a Spirit evaluation in late 2019 concluded its accounting processes didn’t adjust to established procedures.

Spirit stated the Securities and Trade Fee in 2020 closed its inquiry with out recommending any enforcement motion.