OPINION
DAY, District Judge.
This civil action arises out of a collision between the F/V Mabel Susan and the auxiliary sloop Topu Wetu on September 19, 1966, between 4:30 A.M. and 5:00 A.M., in the Point Judith Harbor of Refuge in Rhode Island. As a result of said collision both vessels were damaged.
The plaintiff, the owner of said Topu Wetu, seeks herein to recover the damages allegedly sustained by him as a result of said collision. The defendant...
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