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AQUA LOG, INC. v. GEORGIA

Nos. 08-16225, 08-16274.

594 F.3d 1330 (2010)

AQUA LOG, INC., a Georgia corporation, Plaintiff-Appellee, v. State of GEORGIA, Claimant-Appellant. Aqua Log, Inc., Plaintiff-Appellee, v. State of Georgia, Interested Party-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 28, 2010.

Attorney(s) appearing for the Case

James Doyle Coots, Ga. Dept. of Law, John E. Hennelly, Isaac Byrd, Atlanta, GA, for State of GA.

John William Bass, Sr., Cairo, GA, for Aqua Log, Inc.

Before BLACK, WILSON and COX, Circuit Judges.

BLACK, Circuit Judge:

This appeal arises from two in rem admiralty actions filed by Appellee Aqua Log, Inc. (Aqua Log) seeking to salvage logs lying at the bottom of Georgia's rivers. Appellant the State of Georgia intervened as an interested party and alerted the courts to its claim to ownership of the logs. In each case, Georgia filed a motion to dismiss, arguing the court lacked subject matter jurisdiction because the Eleventh Amendment prohibited a federal...

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