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KEATING v. FEDERAL AVIATION ADMINISTRATION

No. 77-3457.

610 F.2d 611 (1979)

Maurice KEATING, Jr., Petitioner, v. FEDERAL AVIATION ADMINISTRATION and Langhorne M. Bond, Administrator, Federal Aviation Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 16, 1980.

Attorney(s) appearing for the Case

Raymond C. Fay, Chicago, Ill., argued for petitioner; Michael H. Bader, Washington, D. C., on brief.

Leonard Schaitman, Michael F. Hertz, Dept. of Justice, Washington, D. C., for respondents.

Before WRIGHT and ANDERSON, Circuit Judges, and SOLOMON, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Before his sixtieth birthday, Captain Keating was a pilot for Western Airlines. Thereafter, he was ineligible to be a pilot on passenger airlines under the "Age 60 Rule," 14 C.F.R. § 121.383(c) (1979). He appeals the denial of his petition for an exemption from the regulation and the denial of his motion to disqualify the Federal Air Surgeon from considering the exemption petition.

We need not reexamine the validity of...

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