No. 10-5215.

642 F.3d 1100 (2011)

James M. JONES, Appellant v. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, a Labor Organization, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2011.

Attorney(s) appearing for the Case

Robert B. Fitzpatrick argued the cause and filed the briefs for appellant. Constantine J. Gekas entered an appearance.

Granville C. Warner argued the cause for appellees. With him on the brief were Jonathan C. Fritts , Russell R. Bruch and Marta Wagner .

Before: HENDERSON, GRIFFITH, and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

In the district court, plaintiff James Jones challenged the constitutionality of a provision of the Fair Treatment for Experienced Pilots Act (FTEPA), 49 U.S.C. § 44729, which allows some pilots, but not him, to take advantage of Congress's decision to raise the mandatory retirement age from 60 to 65. Jones also alleged that his former employer, Continental Airlines, and his...

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