RAYFIEL, District Judge.
The libelant is the owner of the barge Tuscarora, which it chartered to the respondent on the 16th day of July, 1948, for an indefinite period, at a daily rate agreed upon by the parties, with the proviso, inter alia, that the vessel was to be returned to the libelant in the same condition as when received, ordinary wear and tear excepted. Thereafter, the barge, without motive power, was delivered to the respondent, and used in its business...
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