RIVES, Circuit Judge.
Appellant, on a second application for rehearing, strenuously urges that this court erred in holding that it was within the province of the jury to disbelieve the report that, when the plane was last seen, it was flying at an elevation of 1100 feet, when directed to fly at 9000 feet, and was entering a storm front.
The statement in the War Department file that someone had seen this plane after it left Puerto Rico is based upon a radiogram...
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