WRIGHT, District Judge.
On March 28, 1951, the Tug M. D. Whiteman, in bringing an oil barge, Esso No. 239, alongside the M/V Fiador Knot in the harbor of New Orleans, caused the barge to come in contact with the ship, broaching her hull. On November 2, 1953, libelant, owner of the Fiador Knot, brought this libel for damages. Respondent, owner of the tug, set up the defense of laches and the case was tried on this issue alone.
On the day of the collision, March...
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