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HMS Fowey Lost and FoundBeing the Discovery, Excavation, and Identification of a British Man-of-War Lost
off the Cape of Florida in 1748$
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Russell K. Skowronek

Print publication date: 2009

Print ISBN-13: 9780813033204

Published to Florida Scholarship Online: September 2011

DOI: 10.5744/florida/9780813033204.001.0001

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PRINTED FROM FLORIDA SCHOLARSHIP ONLINE (www.florida.universitypressscholarship.com). (c) Copyright University Press of Florida, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in FLASO for personal use.date: 26 September 2021

The Final Legal Salvo

The Final Legal Salvo

Setting an Important Legal Precedent

Chapter:
(p.154) 10 The Final Legal Salvo
Source:
HMS Fowey Lost and Found
Author(s):

Russell K. Skowronek

Publisher:
University Press of Florida
DOI:10.5744/florida/9780813033204.003.0010

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

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