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GRAY v. FEDERAL AVIATION ADMINISTRATION

No. 77-1851.

594 F.2d 793 (1979)

Daniel GRAY, Petitioner, v. FEDERAL AVIATION ADMINISTRATION and Langhorne M. Bond, Administrator, Federal Aviation Administration, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided March 21, 1979.

Attorney(s) appearing for the Case

Raymond C. Fay, Washington, D. C. (with Michael H. Bader, Washington, D. C., on brief) of Haley, Bader & Potts, Washington, D. C., for petitioner.

Michael F. Hertz, Civil Division, Appellate Section, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Leonard Schaitman, Judith S. Feigin, Civil Division, Appellate Section, Dept. of Justice, and Marshall S. Filler, Federal Aviation Administration, Washington, D. C., on brief), for respondents.

Before McWILLIAMS, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

Daniel Gray, a former pilot for Continental Airlines, was retired upon reaching sixty years of age under authority of the "Age 60 Rule"1 of the Federal Aviation Administration (FAA). Prior to his retirement, Gray had petitioned for an exemption from the Age 60 Rule, contending that his physical condition justified his continued active status with Continental beyond the age limit. The FAA denied Gray's petition. It...

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