DAWKINS, District Judge.
This is a suit by the administrator of the estate of Jasper D. Skeels for the use and benefit of his widow, Mrs. Gladys Skeels Uthoff, and his mother, Mrs. Zell Ann Wilie Skeels, under the Federal Tort Claims Act of 1946, Tit. IV, sec. 402 et seq., Pub.Law No. 601, 79th Congress, Chapter 753, Second Session., 28 U.S.C.A. § 921 et seq.
The pertinent articles of the complaint are as follows:
"At about 11:40 o'clock A.M....
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