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Lloyd's Maritime Law Newsletter

Brooks Aviation Inc v The wrecked and abandoned Boeing SB-17G aircraft Serial No 44-83790 and Ors - Federal Ct (MacKay J) - 17 May 2004

Admiralty jurisdiction - Claim by finder of wrecked aircraft - Whether plaintiff entitled to summary judgment for various forms of relief

The plaintiff undertook a search for a USAF "flying fortress" B17 bomber which had had to make a forced landing on the frozen surface of Lake Dyke, Labrador in December 1947, and which ultimately came to rest at the bottom of Lobstick Lake. In August 1998 the plaintiff located the wrecked aircraft under 25 feet of water. After discussions with provincial officials the plaintiff commenced the present action against the res and the owners and others interested in it, and it applied for the arrest of the res.

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