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FAIRPORT INTERN. EXPLORATION v. SHIPWRECKED VESSEL

No. 95-1783.

105 F.3d 1078 (1997)

FAIRPORT INTERNATIONAL EXPLORATION, INC., Plaintiff-Appellant, v. The SHIPWRECKED VESSEL KNOWN AS THE CAPTAIN LAWRENCE, in rem, Defendant-Appellee, The State of Michigan, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

January 30, 1997.

Rehearing Denied March 7, 1997.

Attorney(s) appearing for the Case

Donald C. Adams, Jr. and Ralph F. Mitchell (argued and briefed), Rendigs, Fry, Kiely & Dennis, Cincinnati, OH, for Plaintiff-Appellant.

Stephen F. Schuesler (argued and briefed), Office of the Attorney General, Natural Resources Division, Lansing, MI, for Intervenor-Appellee.

Richard T. Robol, Columbus America Discovery Group, Columbus, OH, for Amicus Curiae.

Before: JONES, RYAN, and MOORE, Circuit Judges.

RYAN, Circuit Judge.

The plaintiff, Fairport International Exploration, Inc., filed an in rem admiralty action seeking salvage rights against The Captain Lawrence, a vessel that sank in Lake Michigan in 1933. The State of Michigan intervened under, inter alia, the Abandoned Shipwreck Act of 1987 (the ASA), 43 U.S.C. §§ 2101-2106, and filed a motion to dismiss. Fairport appeals from the district...

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