Legal Opinion
United States v. Shivers
Court of Appeals for the Fifth Circuit
Decided September 13, 1996No. 95-40748PublishedCited by 6 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Billy Ray Shivers found buried treasure at the site of an abandoned lumber mill company town. Unfortunately for Shivers, the site is located in the Angelina National Forest, and the federal government claimed ownership of and seized from Shivers some 50-70 metal tokens he uncovered with a metal detector. The district court denied his Fed. Rule Crim.Proe. 41(e) motion seeking return of the tokens, as it concluded Shivers did not own them pursuant to either the Archeological Resources Protection Act (“ARPA”), 16 U.S.C. § 470ee, or the common law of finds. This…
2Cases cited3 opinions
- Joan M. Klein v. The Unidentified Wrecked and Abandoned Sailing Vessel, Etc.Court of Appeals for the Eleventh Circuit · 1985
- Palma v. Verex Assurance, Inc.Court of Appeals for the Fifth Circuit · 1996
- United States v. Arthur J. GerberCourt of Appeals for the Seventh Circuit · 1993
3Cited by6 opinions
- Lupo v. Wyeth-Ayerst LaboratoriesDistrict Court, E.D. Texas · 1997
- Smith v. the Abandoned VesselDistrict Court, S.D. Texas · 2009
- Opinion No., Texas Attorney General Reports2002
- Opinion No., Arkansas Attorney General Reports2007
- Tait v. United StatesDistrict Court, E.D. Virginia · 2011
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