Colorado Flying Academy, Inc., a Colorado Corporation, Federal Insurance Company, and Associated Aviation Underwriters v. The United States of America

HOLLOWAY, Circuit Judge.

This timely appeal is from a judgment entered for defendant United States of America in an action’for damages and indemnification brought under the Federal Tort Claims Act. Colorado Flying Academy, Inc. v. United States of America, 506 F.Supp. 1221 (D.Colo.1981) (C.F.A.). The case arose out of a mid-air collision of two aircraft near Stapleton Airport, Denver, Colorado.

I

The factual background

A

At about 9:30 a.m. on June 21, 1974 — a clear day with visibility of 60 miles — a Pip er Seneca aircraft (Seneca) owned by plaintiff Colorado Flying Academy (Academy), collided…