BYERS, District Judge.
This cause presents a single question of fact, whether the libelant's scow College Point was struck by the claimant's tug Montclair, in the slip between piers 4 and 5, Hoboken, New Jersey, on the night of August 5, 1943, at about 11:30 p. m.
The evidence is not necessarily in conflict because the claimant's witnesses assert that no such striking occurred, since none was on the stern of the tug and thus in a position to refute the testimony...
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