SCHWARTZ v. HELMS

Nos. 82-1527, 82-1648.

712 F.2d 633 (1983)

James D. SCHWARTZ, Dale W. Larson, Edward P. O'Neil, and Civil Pilots for Regulatory Reform, Petitioners, v. J. Lynn HELMS, Administrator, Federal Aviation Administration, Respondent, Air Line Pilots Association, Intervenor. P.A. BOURCIER, Petitioner, v. J. Lynn HELMS, Administrator, Federal Aviation Administration, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1983.


Attorney(s) appearing for the Case

Mark T. McDermott and Robert D. Powell, Washington, D.C., for petitioners. F. Gregory McKenna, Washington, D.C., also entered an appearance for petitioner, in No. 82-1527.

Ellen G. Donovan, Christiansted, V.I., was on brief, for petitioner in No. 82-1648.

John H. Cassady, Asst. Chief Counsel, F.A.A., Washington, D.C., for respondent. Anthony J. Steinmeyer and Wendy M. Keats, Attys., U.S. Dept. of Justice, Washington, D.C., also entered appearances for respondent, in No. 82-1527.

Daniel S. Kozma, Washington, D.C., with whom Gary Green, Washington, D.C., were on brief for intervenor, Air Line Pilots Ass'n, Intern., in No. 82-1527.

Martin C. Seham, New York City, was on brief, for Allied Pilots Ass'n, amicus curiae in No. 82-1527 urging that the order under review herein be vacated.

John S. Yodice, Washington, D.C., with whom Charles J. Peters, Washington, D.C., were on brief, for Aircraft Owners and Pilots Ass'n, amicus curiae in No. 82-1527 urging that the order under review herein be vacated.

Before WILKEY, and WALD, Circuit Judges, and BONSAL, United States Senior District Judge for the Southern District of New York.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Petitioners, an association of airline pilots and individual airline pilots suffering from coronary heart disease, challenge an amendment to Federal Aviation Administration (FAA) rules for the issuance of airman medical certificates. Under the previous rules, a medical certificate could not be issued to a pilot who suffered from coronary heart...

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