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Facts Preceding the DC3 Flight
In the early forenoon of November 4, 1942, the TWA pilot, Captain Welch, had been operating in the neighborhood of the Kansas City Airport on a flight clearance for instrument instruction to TWA copilots. At 11:16 a.m., during the flight just preceding the one which resulted in the collision, Welch had received from the company radio, and acknowledged, traffic as follows: "Additional traffic westbound Army C-35 estimated to be over Kansas City 11:44 a.m., central, cruising 4000 feet en route St. Louis to Wichita."
Upon landing from this flight, Captain Welch discharged his student, after which First Officer Lipke and Goetz entered the plane. Lipke sat in the pilot's cockpit on the left and Captain Welch occupied the right seat. Goetz was in the passenger compartment. The Kansas City Air Traffic Control Center then gave Welch instructions regarding his clearance for the subject flight as follows: "ATC clears you from Kansas City to the Kansas City Range Station to cruise at 6000, to climb to 6000 feet in the north quadrant Kansas City Range. Request clearance before descent."
History of the TWA DC3 Flight
The tower cleared the flight from the north block and, with Lipke at the controls, they took off toward the south at 11:44 a.m. At the same time the Army C-35 was expected over the Kansas City Radio Range but had not yet reported. The TWA DC3 made a left climbing turn around Kansas City, headed north, approaching tho northeast leg of the Kansas City Radio Range. Welch and Lipke both stated that they assumed a heading of about 330°. Welch stated that when they reached a point about 2 miles northeast of the range station they crossed the leg just under the overcast "at some altitude between 2500 and 2800 feet" and entered the north quadrant. Captain Welch told Lipke to assume a more northerly heading and to start the climb. They stated that they entered the overcast at about 3000 feet, climbing on a
