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FAIRPORT INTERN. v. THE SHIPWRECKED VESSEL

No. 95-1783.

177 F.3d 491 (1999)

FAIRPORT INTERNATIONAL EXPLORATION, INC., Plaintiff-Appellant, v. THE SHIPWRECKED VESSEL, known as the CAPTAIN LAWRENCE, in rem, Defendant, and The State of Michigan, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 13, 1999.

Rehearing Denied June 23, 1999.

Attorney(s) appearing for the Case

Donald C. Adamas, Jr., Ralph F. Mitchell, Rendigs, Fry, Kiely & Dennis, Cincinnati, OH, Michael L. Donner (argued and briefed), Kaufman & Canoles, Norfolk, VA, for Plaintiff-Appellant.

Richard T. Robol (briefed), Columus America Discovery Group, Columbus, OH, for Amicus Curiae.

Stephen F. Schuesler (argued and briefed), Office of Attorney General, Natural Resources Division, Lansing, MI, for Intervenor-Appellee.

Before: BOGGS and MOORE, Circuit Judges; and DOWD, District Judge.

BOGGS, J., delivered the opinion of the court, in which DOWD, D.J., joined. MOORE, J. (pp. 502-03), delivered a separate opinion concurring in part and concurring in the result.

OPINION

BOGGS, Circuit Judge.

"Don't give up the ship," ordered Captain James Lawrence in 1813 as HMS Shannon engaged his frigate Chesapeake. One hundred twenty years later, Wilfred H. Behrens left his boat, the

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