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III. 
Attachment #2
Page 2.

upon the basis of the likelihood of irreparable injury to the party requesting the relief had no application to a union's request for stay of the effective date of a regulation barring pilots from employment on air carrier operations after reaching the age of 60, since the dollar value of the earnings likely to be lost by those pilots reaching that age could not be equated with the value placed on human life which the regulation was designed to protect. Furthermore, a stay order pending approval to a high court was denied.

Back reference.- §4801.

For affirmance of denial of injunction, see (CA-2; 1960) 39 Labor Cases §66,335. See also (DC, D. of C.; 1960) 39 Labor Cases §66,237.

Samuel J. Cohen and Henry Weiss, Cohen and Weiss, New York, New York, for Plaintiffs.

S. Hazard Gillespie, Jr., U. S. Attorney and Robert Ward, for Government.

[VALIDITY OF RETIREMENT - AGE REGULATIONS]

Bicks, D. J.: Motion by plaintiff for a preliminary injunction staying the effective date of Civil Air Regulations Amendments 40-22 and 41-29 effective March 15, 1960 is denied. Any attempt to weigh the countervailing considerations of dollar loss to the approximately 40 pilots against the public 1/ safety in air carrier operations borders on vulgarity.  As against the determination made by Lt. Gen. Quesada, Commanding General of the 9th Tactical Air Command from the time of invasion of Normandy until the termination of air hostilities in Europe, with an accumulated experience of 12,000 (twelve thousand) hours as a pilot, now serving as Administrator of the Federal Aviation Agency, based in part on: (1) the view of the airlines as expressed by the Air Transport Association of America "that age 60 is a reasonable and judicious age limitation to use on an industry wide basis. Therefore, the airline industry recommends the adoption of the age 60 limitation"; (2) the report from the President of the Aerospace Medical Association: "Our Association supports the Federal Aviation Agency in making this regulation in the interest of public safety *** Insight into the validity of this regulation in the realm of public safety is very well summarized in the editorial from the Washington Post of December 8, 1959, entitled, 'Pilot Age and Safety' 2/ ; (3) the statement of Harry F. Guggenheim, aviation authority and chairman of the governing body of the Cornell-Guggenheim Aviation Safety Center, released May 19, 1959, wherein, in part, he observed:  "There is, of course, a wide range of individual differences in ability in older years.  One cannot say with certainty that a given man over 60 cannot safely pilot a modern transport plane, or that the cutoff point becomes at this age or even younger.  But there is increasing evidence that as men grow older, they unfortunately

1/ According to a statistical projection prepared by the FAA, an average of 47 pilots 60 years of age and over will be serving on air carriers in the 12 month period from March 15, 1960 to March 15, 1961, and that an estimated 846,000 passengers will be carried by these pilots during that period.

2/ See editorial p. 69, January 1960 - Vol. 31. No. 1.

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