The opinion of the court was delivered by This is an appeal from an order of the district court sustaining the defendant-appellee Wichita State University's motion for summary judgment. The appeal arises out of the crash of a chartered aircraft carrying members of the 1970 Wichita State University football team, members of the faculty and university supporters. The plaintiffs — the appellants — are either surviving passengers or the personal representatives of those killed in the crash. The chronology of events giving rise to this action follows: