BYERS, District Judge.
This defendant's motion for summary judgment has to do with the death of Chaplain, Lieut. Solomon Rosen, U. S. Army Air Force, on November 1, 1948.
The complaint under the Federal Tort Claims Act of 1946, 28 U.S.C. §§ 1346, 2671 et seq., alleges that he was lawfully in a C-47 aircraft which the defendant negligently, etc., permitted (a) to become and remain out of repair and in an unsafe and dangerous condition; and (b) to...
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