KILEY, Circuit Judge.
This action is to recover damages for injuries suffered by plaintiff in a "near" collision of airplanes. In Count II of his complaint, plaintiff sued the United States under the Tort Claims Act, 28 U.S. C.A. § 1346(b). The trial court, without a jury, decided the liability issue in favor of plaintiff in February, 1960, and the following June awarded plaintiff damages of $12,000. The Government appeals.
Plaintiff, thirty-six years...
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