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ROMBOUGH v. FEDERAL AVIATION ADMINISTRATION

No. 19, Docket 78-4023.

594 F.2d 893 (1979)

James B. ROMBOUGH, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, and Langhorne M. Bond, Administrator, Federal Aviation Administration, Respondents.

United States Court of Appeals, Second Circuit.

Decided February 14, 1979.

Attorney(s) appearing for the Case

Michael H. Bader, Raymond C. Fay, and Haley, Bader & Potts, Washington, D. C., for petitioner.

Barbara Allen Babcock, Asst. Atty. Gen., Leonard Schaitman, Judith S. Feigin, Attys., Civ. Div., App. Section, Dept. of Justice, Washington, D. C. (Marshall Filler, Federal Aviation Administration, Washington, D. C., of counsel), for respondents.

Before MOORE, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

MOORE, Circuit Judge:

Petitioner James B. Rombough ("Rombough"), a former airline transport pilot, was retired upon reaching his sixtieth birthday under the so-called "Age 60 Rule",1 14 C.F.R. § 121.383(c) (1977), promulgated by the Federal Aviation Administration ("FAA") in 1959. Prior to the date of his sixtieth birthday in December, 1975, Rombough was a pilot for American Airlines for...

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