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Administrative Law Keyed to Mawshaw
Air Line Pilots Association v. Quesada
Citation:
276 F.2d 892 (1960)Facts
In December 1959, the Administrator of the Federal Aviation Agency, Elwood R. Quesada, promulgated a regulation prohibiting individuals over age 60 from serving as pilots on commercial aircraft. The regulation was issued after the Administrator and his staff conducted studies on aging and consulted with aviation medicine experts. The Administrator published the proposed regulation and received comments as required by the Administrative Procedure Act’s rulemaking provisions but did not hold hearings. The plaintiffs, including the Air Line Pilots Association and individual pilots, challenged the regulation, arguing that it effectively modified their pilot certificates without the adjudicatory hearings they claimed were required under Section 609 of the Federal Aviation Act and the Administrative Procedure Act.
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