Dalehite v. United States, 346 U.S. 15, 73 S. Ct. 956, 97 L. Ed. 1427 (1953); National Mfg. Co. v. United States, 210 F.2d 263 (8th Cir. 1954), cert. denied 347 U.S. 967, 74 S. Ct. 778, 98 L. Ed. 1108; Bartie v. United States, 216 F. Supp. 10 (W.D.La.1963); Blaber v. United States, 212 F. Supp. 95 (E.D.N.Y.1962); Braniff Airways, Inc. v. United States, 203 F. Supp. 602 (S.D.Fla.1961).
4. Air Traffic Control at Midway Airport owed no duty to Rowe and Smith, in the circumstances of this case, to relay information concerning the flight of N5138E to F.A.A. facilities at Pittsburgh.
5. An approach controller has no duty to determine either the qualifications of a pilot to follow clearances for a type of flight requested by the pilot, or whether the aircraft piloted has suitable equipment for such type of flight. Martens v. United States, 5 Avi. 17,465 (S.D.Cal.1957).
6. There is no duty for an approach controller to volunteer weather information to an aircraft under his jurisdiction, except in accordance with paragraphs 265.1 and 265.2 of Government Exhibit G, or if he has previously given such aircraft dangerously inaccurate or misleading information, or perhaps unless he has actual knowledge of a hazardous current weather condition which the aircraft may encounter in flight and of which it may not yet be aware. Air Traffic Control Procedures Manual, ATM-2-A, Federal Aviation Agency, Nov. 1, 1960; cf. Bright v. United States, 149 F. Supp. 620 (E.D.Ill.1956); Smerdon v. United States, 135 F. Supp. 929 (D.Mass.1955).
7. The approach controller owed no duty to Rowe and Smith in the circumstances of this case to initiate an inquiry to N5138E concerning the advisability of a landing at an alternate airport, or to order the pilot to do so, in the absence of any declaration of emergency or other indication of difficulty made to him by the pilot.
8. The defendant, acting through its employees at Midway and Greater Pittsburgh Airports, breached no duty of care owed to the plaintiffs' decedents.
9. The plaintiffs are not entitled to the relief sought and defendant is entitled to judgment dismissing their action on the merits.