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DIVISION OF ARCHIVES v. AUSTIN

No. 83-5729.

729 F.2d 1292 (1984)

DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT, DEPARTMENT OF STATE, Plaintiff-Appellee, v. William G. AUSTIN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 28, 1984.

Attorney(s) appearing for the Case

David Paul Horan, Key West, Fla., for defendant-appellant.

Eric J. Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Carol Joy Barice, Dept. of State, Tallahassee, Fla., for plaintiff-appellee.

Before FAY, VANCE and KRAVITCH, Circuit Judges.

BY THE COURT:

The plaintiff-appellee in this action, the Division of Archives of the State of Florida, originally filed this case in state court to determine ownership of a sunken vessel and to enjoin the defendant from excavating the vessel. The defendant-appellant filed a motion for removal to federal court and the appellee responded with a motion to remand for lack of federal jurisdiction. The district court granted the motion to remand, from which order the appellant...

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