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a fog on its first test flight the said "WACO COOTIE" was damaged and the said BUCK WEAVER received injuries to his eyes, nose, and internally which a post mortem later showed to have hastened his death.

Affiant further states that the original "WACO COOTIE" was a monoplane and that after the crash it was rebuilt by the said WEAVER AIRCRAFT COMPANY as a bi-plane and successfully flown by the said BUCK WEAVER; that due to lack of funds and the generally depressed condition of commercial aviation at that time the plans for the first large aeroplane to be built by the said company were discontinued; that the said WEAVER AIRCRAFT COMPANY continued in existence, however, and that in the year 1922 the first "WACO 8 " was manufactured in Medina, Ohio; that the said BUCK WEAVER was still president of the said company at that time; that the said trade name "WACO" was used exclusively by the said company and was painted on the rudder of each aeroplane built; that affiant has in her possession correspondence, advertisements, and photographs showing the said aeroplanes with the name "WACO" thereon used to advertise and sell the ships manufactured by the said WEAVER AIRCRAFT COMPANY; that in the summer of the year 1922 the first three large "WACO" aeroplanes were built and sold by the said WEAVER AIRCRAFT COMPANY; that the said BUCK WEAVER taught the said CLAYTON J. BRUKNER to fly during the said summer of 1922 thereby giving another pilot for the said company; that the said WEAVER AIRCRAFT COMPANY was dissolved in the year 1923 and that the said BUCK WEAVER died in the month of August 1924 mourned not only by his family but by a host of friends through out the world of aviation.

Affiant further states that in the year 1923 soon after the dissolution of the said WEAVER AIRCRAFT COMPANY, the ADVANCE AIRCRAFT COMPANY was formed and that in the year 1925 the said ELWOOD J. JUNKIN and the said CLAYTON J. BRUKNER obtained a controlling interest therein; that the "WACO 9 "