OPINION
KRAFT, District Judge.
In this longshoreman's action the defendant admits that, during the unloading operation at or about 6:00 p. m. on April 15, 1966, the preventer wire attached to the after midship boom on the port side parted at No. 6 hatch.
The plaintiff alleges in his complaint "that at or about 11:00 p. m., on or about April 15, 1966, — a wire broke and to avoid being struck by the same, the plaintiff was caused...
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