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SUNKEN TREASURE v. UNIDENTIFIED, WRECKED VESSEL

Civ. A. No. 1991/263.

857 F.Supp. 1129 (1994)

SUNKEN TREASURE, INC., Plaintiff, Government of the Virgin Islands, Department of Planning & Natural Resources, Plaintiff/Cross Claimant, v. The UNIDENTIFIED, WRECKED, AND ABANDONED VESSEL, her tackle, armament, apparel, and cargo, located within 2,500 yards of a point located at coordinates 17 degrees, 47 minutes, 50 seconds North Latitude; and 64 degrees, 45 minutes, 30 seconds West Longitude, and United States of America, Defendants.

District Court, Virgin Islands, D. St. Croix.

July 14, 1994.

Attorney(s) appearing for the Case

Maurice Cusick, Law Offices of Lee Rohn, Christiansted, St. Croix, VI, for plaintiff Sunken Treasure, Inc.

Rosalie Simmonds Ballentine, Atty. Gen. by Dudley Hughes, Asst. Atty. Gen., U.S. Dist. Court, Christiansted, St. Croix, VI, for plaintiff/cross claimant Government of the Virgin Islands.

Hugh P. Mabe, III, U.S. Atty. by Michael A. Humphreys, Asst. U.S. Atty., U.S. Dist. Court, Christiansted, St. Croix, VI, for U.S.

OPINION

BROTMAN, Senior District Judge:

This matter is before the Court on the Government of the Virgin Islands' Motion to Dismiss Plaintiff's Complaint in rem against the defendant vessel and, concomitantly, on the United States' Motion to Dismiss or for Summary Judgment. For reasons addressed below, the respective motions to dismiss will be granted.

I. Factual and Procedural Background

Sunken Treasure, Inc. (hereinafter "STI")...

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