SWAN, Circuit Judge.
This litigation arose out of a collision which occurred in Newark Bay on the night of March 2, 1941, between libellant's barge Pfeifer No. 2 and appellant's diesel tanker Ira S. Bushey. The story of the collision, as told in the libel, was as follows: The tug Monitor, having the barge, stern first, on her port side, was proceeding down Newark Bay on the starboard side of the dredged channel bound for Elizabethport.
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