ESTES, Chief Judge.
This action came on for trial before the Court and a jury on February 12, 1968, both parties appearing by counsel; and the issues having been duly tried and the Court having charged the jury and submitted the case upon special issues under Rule 49, F.R.Civ.P., the jury rendered its verdict, finding "that at a time during the flight in question when the airplane was operating at an altitude above flight level 250 (25,000 feet) and the co-pilot was...
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