TUTTLE, Circuit Judge.
This is an appeal from a judgment for libelant for the loss of its cargo of molasses shipped by it on its own barge under tow of libelee-appellant. The libel claimed, and the trial court found, that the barge sank and its cargo was lost as a result of negligent acts of appellant in navigation or management of the tow.
The libelee asserted a defense which, if available to it, makes unnecessary consideration of the case on the merits....
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