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Instrument long x-c with CFI??

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OK the situation is this. The guy/girl is working on their Commercial rating or ATP or something in order to build time. They are flying cross countries in order to get the time up and they are filing IFR flight plans but flying in VFR conditions. Can you log dual given with this person if you aren't a CFII? AND/OR...Can you log dual given to all time except time which is flown in actual IFR conditions? Responses would be helpful and appreciated.
 

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