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the late 1940's, when he became an executive. (T. 14)  His duties presently are the administration of the Flight Operations Division, and one of his duties is supervising the hiring of pilots (T. 15).  After Captain Gitt was terminated and retired as a line pilot, he requested in an application filed with Mr. Halliburton a position as an instructor or test or ferry pilot (T-20).  Captain Gitt was refused because of Eastern's policies, not because of any FAA requirement (T-21).  The refusal was also based partly upon Eastern's contractual agreement with the Airline Pilots International.  To be a manager of flying required that he fly 'the line' every third month. (T-22). Captain Halliburton was asked why Captain Gitt was considered by Eastern to be unqualified as a supervisor other than his age:

Q. Captain Gitt is not qualified for a job as a supervisor?
  I am asking you for the moment to pass over his age and the disability that is put upon him through no fault of yourself and tell me whether or not Eastern Airlines on any other ground rejected this as unqualified.

A. We didn't reject him on any other ground.  He never actually came in and applied for a supervisory job until after he reached sixty, which in itself disqualified him and there was no need to give him psychological tests or --

Q. The fact is, then, because of the age sixty rule, you have never considered his application.

A. That is correct.

Q. You don't want to leave it with this Examiner that you found Captain Gitt specifically deficient in any other capacity?

A. No, not after he reached sixty.  (T. 30)

Q. That is the reason that his application couldn't even have been seriously considered, not because the F.A.A. wouldn't let him fly check, but because of your policy that he has to fly the line?

A. Yes. 

Q. Right?