PROVOST v. HUBER

No. 78-1445.

594 F.2d 717 (1979)

Gerald J. PROVOST, d/b/a Vet's Salvage Diving, Plaintiff Appellant, v. Paul J. HUBER, Defendant Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 23, 1979.


Attorney(s) appearing for the Case

Timothy D. Kelly of Stuurmans & Kelly, Minneapolis, Minn., for Plaintiff-appellant.

Paul G. Neimann of Wiese & Cox, Minneapolis, Minn., for defendant-appellee.

Before GIBSON, Chief Judge, ROSS, Circuit Judge, and VAN SICKLE, District Judge.


VAN SICKLE, District Judge.

The Appellant Provost brings this timely appeal from an order of the district court1 which dismissed his complaint and first amended complaint for lack of subject matter jurisdiction. The action was brought under the admiralty or maritime jurisdiction of the federal courts, and sought a salvage award. The district court, in ruling upon Appellee Huber's Rule 12(b)(1) motion, found lacking a nexus with traditional...

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