Harry ZYCH, d/b/a American Diving & Salvage Co., Plaintiff-Appellant,
v.
UNIDENTIFIED, WRECKED AND ABANDONED VESSEL, BELIEVED TO BE THE "SEABIRD," etc., Defendant, and
Illinois Department of Transportation and the Illinois Historic Preservation Society and United States of America, Intervening Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued April 11, 1991.
Decided August 21, 1991.
Attorney(s) appearing for the Case
Paul N. Keller, Park Ridge, Ill., for Harry Zych.
James R. Carroll, William K. Kane, Asst. Attys. Gen., Chicago, Ill., for Unidentified, Wrecked and Abandoned Vessel, Believed to be the "Seabird".
James R. Carroll, William K. Kane, Asst. Attys. Gen., Richard Linden, argued, Office of the Attorney General, Chicago, Ill., for Illinois Dept. of Transp. and Illinois Historic Preservation Agency.
Barbara B. O'Malley, Dept. of Justice, Torts Branch, Civil Div., Washington, D.C., for U.S.
Lenore E. McQuilling, Walker & Corsa, New York City, for amicus curiae American Sport Divers Ass'n.
Robert W. Gettleman, Jamie Kittel, D'Ancona & Pflaum, Chicago, Ill., Elizabeth Sherrill Merritt, Thompson McCord Mayes, Andrea C. Ferster, David A. Doheny, Nat. Trust for Historic Preservation in U.S., Washington, D.C., for amic. curiae Society of Professional Archaeologists, Society of Historical Archaeology, Advisory Council on Underwater Archaeology, Society of American Archaeology, Council of American Maritime Museums, Association for Great Lakes Maritime History, Landmarks Preservation Council of Illinois, Inc. and National Trust for Historic Preservation in the United States.
Before CUMMINGS, CUDAHY and KANNE, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
CUMMINGS, Circuit Judge.
The prospect of raising the "Seabird," a 638-ton sidewheel steamer that has lain on the bed of Lake Michigan for the past 123 years, raises some fascinating and complex questions of admiralty law, federalism and state sovereign immunity. The issues are prematurely presented in this appeal, however, and we therefore must remand for a key factual finding.
BACKGROUND
The Seabird's story involves neither fabulous buried treasure...
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