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Law Offices of
HERBERT A. LEVY
Suite 1250, Federal Bar Building
1815 H Street, N.W.
Washington, D.C. 20006
737-6919
Area Code 202

April 29, 1968

Captain G. D. Goss
3045 Carson Street
Aurora, Colorado 80010

Re: Special Age 60 Committee; suggested matters for consideration at next meeting

Dear Captain Goss:

In preparation for the next meeting of the Committee, I should like to propose that the enclosure receive the Committee's consideration at that time, as a possible means of launching our program for evidentiary development of this matter.

The enclosure is a proposed form of letter of invitation to participate, to be addressed, if deemed appropriate, to FAA, ATA, IFALPA, all certified U.S. air carriers, and such other prospective participants, if any, as the Committee may determine, with copies proposed to all Members of Congress, the Secretary of Transportation, and the news media.

If FAA agrees to participate in our hearing after having refused to conduct its own, this will, it seems to me, be usable as an implied admission that a hearing is indeed necessary and appropriate here. Moreover, FAA participation in an ALPA hearing has the advantages for us of (1) far better control of all aspects of the hearing and its procedure, and (2) far better control of the FAA's role in such a hearing, than would have been true in the case of ALPA participation in an FAA hearing. Further, in an FAA hearing, we would have been exposed to a decision made by FAA, with its history of support for the rule; in an ALPA hearing, in contrast, the decisionmakers will be neutral, presumably objective, open-minded persons.

Should FAA decline to participate in our proceeding, it would then seem vulnerable to the charge that it has so little confidence in the merit of its own position that it would not chance an evidentiary test. Moreover, as the statutory representative of the public interest in such matters, FAA may well be accused of abdicating its public responsibilities by rejecting this opportunity to seek out