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HISTORIC AIRCRAFT REC. CORP. v. WRECKED AND ABAND. F4U-1

No. 03-CV-150-P-S.

294 F.Supp.2d 132 (2003)

HISTORIC AIRCRAFT RECOVERY CORP., Plaintiff v. WRECKED AND ABANDONED VOIGHT F4U-1 CORSAIR AIRCRAFT And their constituent parts located on Submerged Lands within the following Coordinates: 43 52.800 North, 070 35.008 West; 43 52.800 North, 070 32.000 West; 43 50.845 North, 070 32.000 West; & 43 40.845 North, 070 35.008 West, In Rem Defendants.

United States District Court, D. Maine.

November 24, 2003.

Attorney(s) appearing for the Case

John P. McVeigh, Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Michael Kaplan, Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Portland, ME, Peter E. Hess, Wilmington, DE, for Historic Aircraft Recovery Corporation, Wrecked and Abandoned Voight F4U-1 Corsair Aircraft, In Rem.

William H. Laubenstein, III, Assistant Attorney General, Paul Stern, Assistant Attorney General, Augusta, ME, Damon C. Miller, U.S. Department of Justice, Torts Branch, Civil Div., James A. Goold, Covington & Burling, Washington, DC, Seth W. Brewster, Verrill & Dana, Portland, ME, for State of Maine, United States of America, United Kingdom.

ORDER ON MOTIONS TO DISMISS

SINGAL, Chief Judge.

Presently before the Court are two motions to dismiss: (1) Motion to Dismiss Pursuant to Rule 12(b)(1) filed by the State of Maine (Docket # 20) (the "State's Motion to Dismiss") and (2) Motion of the United Kingdom to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2) and 12(b)(6) (Docket # 25) (the "United Kingdom's Motion to Dismiss"). For the reasons discussed below, the Court GRANTS...

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