Joan M. Klein v. The Unidentified Wrecked and Abandoned Sailing Vessel, etc.
United States Court of Appeals for the Eleventh Circuit
758 F.2d 1511 (1985)
- Written by Kelli Lanski, JD
Facts
In 1978, Gerald Klein was diving with friends off the coast of Biscayne National Park in Florida and located a shipwreck buried in the soil. In 1975, the United States had conducted an archaeological survey that identified the ship and its approximate location, but the United States had not located the precise location of the shipwreck or identified or recovered any artifacts from it. In 1979, Klein recovered a few artifacts from the ship and filed suit in federal court seeking a declaration that he was the owner of the artifacts. The United States argued that it owned the shipwreck and any related artifacts because (1) the ship was buried in United States soil and (2) the fact that the United States was aware of the ship’s location as early as 1975 meant the United States had constructive possession over the ship. The lower court ruled for the United States, and Klein appealed. While the case was ongoing, Klein died, and his wife, Joan M. Klein (plaintiff), proceeded in his absence.
Rule of Law
Issue
Holding and Reasoning (Hancock, J.)
Concurrence/Dissent (Kravitch, J.)
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