43. In a 15-knot breeze, Demented Dumpling has been slowly catching Beer Delivery all down the run of a buoys-to-port course. Both are now approaching the leeward mark on port tack. Four lengths from the mark (left), Demented Dumpling is still half a length clear astern of Beer Delivery who informs Demented Dumpling that there is no overlap. 
But then, Demented Dumpling catches a wave and surfs into an inside overlap (left). Demented Dumpling yells for room, claiming he got the overlap just over 3 lengths from the mark. Beer Delivery says “No way!” because he is sure his bow had already reached the Zone when the overlap was established. There is slight side-to-side contact as Demented Dumpling squeezes inside Beer Delivery at the mark. Both protest. 

Who should win this protest (in the absence of reliable witnesses)?

.....
ruling
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