Gerald J. Provost, D/B/A Vet's Salvage Diving v. Paul J. Huber

VAN SICKLE, District Judge.

The Appellant Provost brings this timely appeal from an order of the district court 1 which dismissed his complaint and first amended complaint for lack of subject matter jurisdiction. The action was brought under the admiralty or maritime jurisdiction of the federal courts, and sought a salvage award. The district court, in ruling upon Appellee Huber’s Rule 12(b)(1) motion, found lacking a nexus with traditional maritime activity and dismissed the action upon that ground. 2

The basic facts of this novel case are undisputed. From the allegations of the complaints…