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plicable state statute.

The case of [[underlined]]Colorado Anti-Discrimination Commission vs. Continental Airlines[[/underlined]]  372 U.S. 714 (1962) settles the contention of Respondent that the federal law has pre-empted the field of aviation in interstate commerce, and that a state agency may not, therefore, lawfully assume jurisdiction to regulate as here proposed by the Complainant. In the [[underlined]]Continental Airlines[[/underlined]] case a negro pilot was refused employment allegedly based solely on his race, and sought relief from the Colorado Anti-Discrimination Commission, obviously, a state agency. Such relief was granted by the Commission. The Commission finding was subsequently overturned by the Colorado Supreme Court on the specific ground alleged here by Respondent, namely that federal regulating interstate commerce had pre-empted the standards of fair employment practices of airlines and airline personnel. However, the United States Supreme Court reversed the Colorado Supreme Court decision, the highest court holding that state laws directed against employment discrimination do not "unduly burden" interstate commerce. In its decision at page 721 the court states:

"Not only is the hiring within a state of an employee, even for an interstate job, a much more localized matter than the transporting of passengers from state to state, but more significantly, the threat of diversity and conflicting regulation of hiring practices is virtually nonexistent."

The Court rejected Continental's contention that the Federal Aviation Act  of 1958 and the Railway Labor Act provided

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Transcription Notes:
Should there be extra lines for double space?