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SEA SERVICES OF THE KEYS, INC. v. FLA.

No. 97-4309.

156 F.3d 1151 (1998)

SEA SERVICES OF THE KEYS, INC., a Florida Corporation d.b.a. Sea Tow Islamorada, Plaintiff-Appellee, v. STATE OF FLORIDA, The Department of Environmental Protection, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 2, 1998.

Attorney(s) appearing for the Case

Paulette R. Taylor, Michael J. Neimand, Asst. Atty. Gens., Miami, FL, for Defendant-Appellant.

Edward W. Horan, Key West, Fl, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, BLACK, Circuit Judge, and KRAVITCH, Senior Circuit Judge.

HATCHETT, Chief Judge:

The principal issue in this case is whether Florida may invoke Eleventh Amendment immunity in an in rem admiralty action when the res is not within the state's possession. Answering in the negative as did the district court, we affirm.

FACTS

On October 7, 1996, after receiving radio transmissions from two commercial fishermen reporting an abandoned boat off Islamorada, Florida, appellee Sea Services of the Keys...

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