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Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel

Certiorari Denied

Petition for certiorari denied on May 14, 2012.

Docket No.11-1067
Op. Below11th Cir.

Issue

(1) Whether the common law doctrine requiring actual possession of property by a foreign sovereign claiming immunity from a federal court adjudication of its right to the property has continued vitality under the Foreign Sovereign Immunities Act; (2) whether a court without subject matter jurisdiction may transfer property to a foreign sovereign which did not have possession of the property and never proved ownership; and (3) whether a court must distinguish vessel and cargo interests to determine if a foreign sovereign"s assertion of immunity applies when the cargo is private but the vessel is public.

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