WAY, District Judge.
As indicated to counsel at the close of argument at the trial, I think it is clear that there can be no recovery by libelant based upon the alleged negligent failure of the respondent through the officers and crew of the Merrimac to rescue libelant's decedent after he was overboard. I think the evidence signally fails to show that there was any opportunity to assist him in that respect. However, even if we assume that an adequate opportunity was...
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