J. J. O'DONNELL, as President of Air Line Pilots Association, et al., Appellants,
v.
John H. SHAFFER, Individually and as Administrator of the Federal Aviation Administration.
Truman R. OUTLAND et al., Petitioners,
v.
John A. VOLPE et al., Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 29, 1973.
Decided January 17, 1974.
Attorney(s) appearing for the Case
Gary Green, Washington, D. C., for appellants in No. 71-1892. Allen Berk, Washington, D. C., also entered an appearance for appellants in No. 71-1892.
James M. Merberg, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, for petitioners in No. 72-1511. William G. Ohlhausen, Washington, D. C., was on the brief for petitioners in No. 72-1511.
Edwin E. Huddleson, III, Atty., Dept. of Justice with whom Harold H. Titus, Jr., U. S. Atty., and Robert E. Kopp, Atty., Dept. of Justice were on the brief for appellees in No. 71-1892 and respondents in No. 72-1511. Morton Hollander and Irwin A. Seibel, Attys., Dept. of Justice, also entered appearances for appellees in No. 71-1892 and respondent in No. 72-1511.
Michael H. Bader and John V. Kenny, Washington, D. C., filed a brief on behalf of Sidney A. Hill and others, as amicus curiae.
Before BAZELON, Chief Judge, WILKEY, Circuit Judge, and VAN PELT, United States Senior District Judge for the District of Nebraska.
United States Court of Appeals, District of Columbia Circuit.
BAZELON, Chief Judge:
In March, 1972, the Federal Aviation Administration upheld its requirement that commercial air line pilots retire at age sixty. Appellants1 challenge this decision on procedural and substantive grounds. Because the procedure utilized was appropriate and the factual basis adequate, we affirm the F.A.A.'s action.
I
The "age sixty" rule was promulgated in 1959 pursuant to the F.A.A.'s statutory authority...
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