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INTERNATIONAL AIRCRAFT RECOVERY, L.L.C. v. UNIDENTIFIED, WRECKED AND ABANDONED AIRCRAFT

No. 99-13117.

218 F.3d 1255 (2000)

INTERNATIONAL AIRCRAFT RECOVERY, L.L.C., a Nevada Limited Liability Company, Plaintiff-Counter-Defendant-Appellee, v. The UNIDENTIFIED, WRECKED AND ABANDONED AIRCRAFT, her armament, apparel, and cargo located within one marine league of a point located at 25-00043'34" N Latitude and 80-2'8" W Longitude, Defendant, United States of America, Intervenor-Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 17, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Clair, Dept. of Justice, Civil Appellate Div., Washington, DC, for U.S.

David Paul Horan, Horan & Horan, Key West, FL, Anne R. Schultz, Miami, FL, for Plaintiff-Counter-Defendant-Appellee.

Before EDMONDSON, BARKETT and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

The United States appeals a district court order upholding the right of International Aircraft Recovery ("IAR") to salvage, over the objection of the federal government, a Navy torpedo bomber that crashed in the Atlantic Ocean during World War II. We hold that the United States, as owner of the plane, can prohibit IAR's salvage efforts; accordingly, we reverse.

I. BACKGROUND AND PROCEDURAL HISTORY

This lawsuit involves a...

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