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Art Law Keyed to Gerstenblith, 4th Ed.
Northeast Research, LLC v. One Shipwrecked Vessel
Citation:
729 F.3d 197 (2013)Facts
In 2003, Richard Kullberg discovered an intact wooden schooner lying at approximately 170 feet depth in Lake Erie on submerged New York land. The vessel, known as the Dunkirk Schooner, was preserved in pristine condition due to the cold freshwater environment. In 2004, Northeast Research, LLC filed an in rem admiralty action seeking title under maritime law of finds or alternatively a salvage award. New York intervened, claiming ownership under the Abandoned Shipwreck Act. Northeast conducted archaeological excavations in 2008, recovering artifacts including ceramic wares, coins dated 1797 to 1834, and human remains. Northeast proposed the shipwreck was the General Wayne, originally the Caledonia, a vessel built in 1799 that participated in the War of 1812 Battle of Lake Erie. The parties disputed the vessel’s identity and whether it was abandoned, with Northeast arguing it was a historically significant warship and New York contending it was an abandoned nameless 1830s grain schooner.
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