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ZYCH v. WRECKED VESSEL BELIEVED TO BE THE LADY ELGIN

No. 91-1673.

960 F.2d 665 (1992)

Harry ZYCH, doing business as American Diving and Salvage Company, Plaintiff-Appellee, v. WRECKED VESSEL BELIEVED TO BE THE "LADY ELGIN," her engines, boilers, machinery, tackle, apparel, and cargo, located within five miles of a point at coordinates 42 degrees, 11 minutes north latitude, 87 degrees, 39 minutes west longitude, Defendant, and The Lady Elgin Foundation, Inc., Claimant-Appellee, and United States of America, Intervening Defendant, and Illinois Historic Preservation Agency and Illinois Department of Transportation, Intervening Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Paul N. Keller (argued), Park Ridge, Ill., Lenore E. McQuilling, Walker & Corsa, New York City, for plaintiff-appellee.

Peter E. Hess, Wilmington, Del., for defendant.

Linda A. Wawzenski, Asst. U.S. Atty., Office of the U.S. Atty., Criminal Div., Chicago, Ill., Barbara B. O'Malley, Dept. of Justice, Torts Branch, Civ. Div., Washington, D.C., for intervening defendant.

Rosalyn B. Kaplan, Asst. Atty. Gen., Richard Linden, Office of the Atty. Gen., Jennifer A. Keller, Asst. Atty. Gen., Office of the Atty. Gen., Civ. Appeals Div., James R. Carroll, William K. Kane, Roland W. Burris, Office of the Atty. Gen., Chicago, Ill., for intervening defendants-appellants.

Before CUMMINGS, EASTERBROOK, and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

Harry Zych, a diver, has been searching for wrecks in Lake Michigan. Recently he located two sidewheel steamers: the Seabird, which went down in 1868, and the Lady Elgin, which met its end in 1860. Zych commenced in rem salvage actions under the law of admiralty. Our case presents a question reserved in Zych v. The Seabird, 941 F.2d 525, 534 & nn. 15, 16 (7th Cir.1991): Whether...

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