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KLEIN v. UNIDENT., WRECKED & ABAN. SAILING VESSEL

No. 79-4627-Civ-CA.

568 F.Supp. 1562 (1983)

Joan KLEIN, as personal representative of the estate of Gerald Joseph Klein, Deceased, Plaintiff, v. UNIDENTIFIED, WRECKED AND ABANDONED SAILING VESSEL (Believed to have sunk in 1740), her tackle, armament, apparel and cargo located within 3,000 yards of a point: Beginning at coordinates 25°29'N latitude and 80°05'W longitude or within Legare Anchorage, Florida, Defendant.

United States District Court, S.D. Florida.

August 17, 1983.

Attorney(s) appearing for the Case

David Paul Horan, Key West, Fla., and David F. McIntosh, Miami, Fla., for plaintiff.

Rebecca A. Donnellan, Atty., Land and Resources Div., Dept. of Justice, Washington, D.C., and Lloyd Bates, Asst. U.S. Atty., Miami, Fla., for U.S.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ATKINS, District Judge.

THIS CAUSE was heard without a jury to confirm title in and possession of an "unidentified, wrecked and abandoned sailing vessel" discovered by the original plaintiff, Gerald Joseph Klein,1 in the summer of 1978. The plaintiff seeks, in the alternative, a full and liberal salvage award. The United States intervened as a claimant to the wreck after an examination...

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