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KLEIN v. UNIDENTIFIED WRECKED, ETC., VESSEL

No. 83-5587.

758 F.2d 1511 (1985)

Joan M. KLEIN, Plaintiff-Appellant, v. The UNIDENTIFIED WRECKED AND ABANDONED SAILING VESSEL, etc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 29, 1985.

Attorney(s) appearing for the Case

David Paul Horan, Key West, Fla., David F. McIntosh, Corlett, Merritt, Killian & Sikes, P.A., Miami, Fla., for defendant-appellant.

Rebecca A. Donnellan, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and HANCOCK, District Judge.

HANCOCK, District Judge:

While sport diving in the Biscayne National Park in 1978, Gerald Klein spotted a likely target for his spear. As he pursued his prey, it darted behind an object. One can only imagine his surprise when he discovered that the object in question was a cannon affixed to the remains of an 18th century English vessel. Equally surprising must have been the array of cutlasses, onion bottles1 and other objects lying about...

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