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III.
CONCLUSION
Findings
Upon all of the evidence available to the Board at this time, we find that the facts relating to the accident involving aircraft of United Stated registry NC 28394, which occurred near Atlanta, Georgia, on February 26, 1941, are as follows:
1. The accident which occurred at approximately 11:50 p.m. (GST) on February 26, 1941, to Eastern Air Lines' Trip 21 of that date resulted in major damage to aircraft NC 28394, fatal injuries to five passengers and three members of the crew, serious injuries to five passengers, and minor injuries to three passengers.
2. At the time of the accident Eastern Air Lines held currently effective certificates of public convenience and necessity and air carrier operating certificates authorizing it to conduct the flight.
3. Captain Perry and Pilot Thomas were physically qualified and held proper certificates of competency to operate as air carrier pilots over a route between New York, New York, and Atlanta, Georgia, via intermediate points.
4. Aircraft NC 28394 was currently certificated as airworthy at the time of the accident.
5. Trip 21 was cleared in accordance with proper procedure from New York, New York, to Washington, D. C., and from Washington, D. C., to Atlanta, Georgia.
6. At the time of departure from Washington, D. C., and at the time of the accident the gross weight of the airplane did not exceed the permissible gross weight and the usable load was properly distributed with reference to the location of the center of gravity.
