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Captain Michael A. Gitt
Page Two
January 11, 1968

[a] The first pilot would request an exemption, get an independent physical from a private physician, and volunteer to take a physical examination every three months.

[b] The second petitioner would get an independent physical examination from a nationally recognized clinic such as Lovelace in Albuquerque, New Mexico, or Mayo Clinic in Rochester, Minnesota and would further agree to a physical examination each month at his own expense.

[c] The third petitioner would obtain medical examination from at least two nationally recognized clinics and offer to take a physical examination at his own expense each week.

[d] In all three cases above it is essential that the pilots have demonstrated capability as pilots in command of jet aircraft.

[e] We could then use the new Federal law that prohibits age discrimination in employment and show three specific examples of the FAA turning down these petitions, including the petition of the pilot who volunteered to take a physical once a week. This should show to any reasonable man that there is no valid medical reason for the Age 60 rule. We would then have required factual basis to show that the rule has no valid medical reason, and we could then use the new statute as a basis for litigation to challenge the arbitrary and discriminatory effect of the FAA regulation.

5. This plan was approved by Captain Ruby and the Executive Committee. The first petition was filed on behalf of Captain Hunter and was denied by the FAA. Shortly thereafter Captain Ruby, by letter dated August 18, 1967, indicated that ALPA would not pursue the matter further. 

6. The next petition was filed in behalf of Captain Furlow, of Eastern Airlines, who had arranged for a physical examination at his own expense at the Lovelace Clinic. Captain Furlow asked me to file a