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"minimum altitude". The Braniff radio operator and passenger agent testified that this was the first knowledge that either of them had of Captain Powers' desire to change his flight plan. The Braniff radio operator contacted the Airway Traffic Control Center at St Louis by way of the Braniff office at Kansas City at 2:20 a.m. for approval of the requested change. At 2:22 a.m. he received a message from Airway Traffic Control inquiring whether Captain Powers wished to fly according to contact flight rules as long as possible and then on instruments at 3,000 feet, or solely according to contact flight rules. This inquiry was immediately transmitted to Captain Powers, who replied that he wished to fly according to contact flight rules as long as possible and then at 3,000 feet on instruments.
Captain Powers at this tine intercepted messages between Wichita and Kansas City which referred to the fact that TWA Flight 6 was also to fly between Wichita and Kansas City at 3,000 feet. Captain Powers did not know at this time that the TWA plane on the ramp was TWA Flight 6 and was bound for Kansas City. Because of his interception of the radio messages he became concerned and decided not to take off until he knew where TWA Flight 6 was located, and, if such flight was eastbound, until he could obtain a time-separation. The Braniff radio operator experienced great difficulty during this period because of static conditions in establishing contact with the Braniff office at Kansas City, which office was contacting the Airway Traffic Control Center at St. Louis. He found it necessary to relay messages via the Braniff radio stations at Ponca City and Dallas.
