The Final Legal Salvo

Russell K. Skowronek

in HMS Fowey Lost and Found

Published by University Press of Florida

Published in print January 2009 | ISBN: 9780813033204
Published online September 2011 | e-ISBN: 9780813039596 | DOI:
The Final Legal Salvo

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This chapter examines the final salvo in Gerald Klein's legal battle for the right to the Legare Anchorage shipwreck. Klein was murdered on January 1, 1982 but his family decided to continue in the quest for title to the wreck. After almost four years of litigation, the case finally went to trial in the spring of 1983 with George Fischer as the sole government witness. On July 28 Judge C. Clyde Atkins submitted his final opinion on the case. Atkins noted that the wreck was embedded in the seabed and was within the confines of Biscayne National Park and that Klein had not applied for a permit for exploration as laid out in the Antiquities Act of 1906. He was also impressed with the work accomplished by the National Park Service (NPS). This chapter discusses the legal precedents set by this case.

Keywords: shipwreck; Gerald Klein; George Fischer; Judge C. Clyde Atkins; Antiquities Act; National Park Service; Biscayne National Park

Chapter.  4096 words.  Illustrated.

Subjects: Underwater Archaeology

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