OPINION IN LIEU OF FINDINGS AND CONCLUSIONS
WORTENDYKE, District Judge:
In this action Lawrence R. Wenzel, hereinafter plaintiff, suing under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), seeks damages for personal injuries and their consequences resulting from the crash of a Curtiss C-46F Cargo (Logair) Aircraft of which plaintiff was captain and pilot in the vicinity of
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