BYERS, District Judge.
The libelant's cause is for damage to the starboard stern quarter cleat of her coal barge Rockport on November 11, 1943, which is claimed to have resulted from negligent maneuvering of the claimant's tug Patience while taking the Rockport in tow at the 96th Street rack in the East River.
The items set forth in the survey of November 22, 1943, are consistent with such damage.
The libel alleges in part:
"Fourth: On or about...
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