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CHEW v. QUESADA

Civ. A. No. 461-60.

182 F.Supp. 231 (1960)

Robert G. CHEW, Plaintiff, v. E. R. QUESADA, As Administrator of the Federal Aviation Agency, an Agency of the United States of America, Defendant.

United States District Court District of Columbia.

March 14, 1960.

Attorney(s) appearing for the Case

Henry C. Vogel and N. G. Durant, Miami, Fla., Francis J. FitzGerald, Silver Spring, Md., for plaintiff.

Donald B. MacGuineas, Dept. of Justice, Washington, D. C., for defendant.

YOUNGDAHL, District Judge.

This is a suit for a declaratory judgment brought by a pilot of air carrier aircraft who recently attained the age of 60. Plaintiff asks the Court to enjoin the enforcement of, and declare invalid, a regulation promulgated by the defendant in his capacity as Administrator of the Federal Aviation Agency. The regulation, 14 C.F.R. §§ 40.260(b), 41.48(e) and 42.40(c) provides:

"No individual who has reached his 60th birthday...

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