HEALY, Circuit Judge.
This is an appeal from a judgment denying recovery in a suit brought under the Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. The trial court, sitting without a jury, ordered a dismissal at the close of the case for the plaintiff. The opinion of the judge outlining the situation and giving his reasons for the judgment is reported in Cannon v. United States, D.C.,
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