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(T. 72). And the FAA does not require a flight instructor or check pilot to return to the line periodically to fly an airplane. So that the Eastern policy exceeds the FAA regulation. (T. 107). And there are no flying jobs of any kind for a man over sixty with Eastern, Captain Halliburton concedes (T. 35). As far as being a test pilot, some, but not all, have engineering degrees. 
Q. So you agree that he could be a ferry pilot without an engineering degree?
A. As far as the engineering degree; that is true. (T. 138). 
Concerning Captain Gitt's ability, Captain Halliburton's admission that he is not familiar with this factor eliminates this as a possible reason why he was refused the job. 
Q. Right here, this man, what does he lack?
A. I couldn't tell you. 
Q. Does he lack a single thing that you can now think of?
A. I cannot tell you whether he does or not. I am not familiar, personally not familiar with his ability. (T. 139)
Without any knowledge as to whether he was qualified or not he would not be hired for any flying job. 
Q. You said, if there was a vacancy you would not hire him?
A. No, I did not say that. I said, I didn't personally have the knowledge of whether or not he had qualifications. 
Q. I thought you said earlier that Mr. Higgingbottom said in his letter he would not be hired for any flying job?
A. That is correct. 
Q. So if there was vacancy, that would not help him a bit, according to your thinking?
A. No, sir. (T. 141)
Captain Halliburton further conceded that pilots over sixty have been flying the line for many years up to 1960. 
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