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NORTHEAST RESEARCH, LLC v. ONE SHIPWRECKED VESSEL

No. 11-1644-cv.

729 F.3d 197 (2013)

NORTHEAST RESEARCH, LLC, Plaintiff-Appellant, v. ONE SHIPWRECKED VESSEL, Her Tackle, Equipment, Appurtenances and Cargo Located Within Two Nautical Miles of a Circle with the Center Point at the Coordinates 42 Degrees 33 Minutes North Latitude, and 79 Degrees 36 Minutes West Longitude, in rem Defendant-Appellee, and State of New York, Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 5, 2013.

Attorney(s) appearing for the Case

Peter E. Hess , Law Office of Peter E. Hess, Wilmington, DE, for Plaintiff-Appellant Northeast Research, LLC.

Frank Brady , Assistant Solicitor General (of Counsel), Nancy A. Spiegel , Senior Assistant Solicitor General, Barbara D. Underwood , Solicitor General, for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Claimant-Appellee the State of New York.

David J. Bederman, Esq. , Atlanta, GA, for Amicus Curiae Odyssey Marine Exploration, Inc.

Before: POOLER, HALL, and LIVINGSTON, Circuit Judges.

DEBRA ANN LIVINGSTON, Circuit Judge:

This action arises from the chill depths of Lake Erie, where lies the intact shipwreck of an early nineteenth century wooden schooner. In 2004, Plaintiff-Appellant Northeast Research, LLC ("Northeast") filed an in rem action in federal court laying claim to the shipwreck under admiralty law as the finder and salvor of the sunken vessel. Claimant-Appellee the State of New York ("New York") intervened, asserting title to the...

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