United States Sixth Circuit

The district court's refusal to conduct an evidentiary hearing before determining if the State could prove by clear and convincing evidence that a sunken ship was abandoned cannot be set aside without appellant's proof that the court abused its discretion.

Appellate Information

• Argued 01/23/2001
• Decided 04/17/2001
• Published 04/17/2001

Judges

• Before BOGGS and MOORE, Circuit Judges;  COHN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Roger W. Boer,Rhoades, McKee, Boer, Goodrich & Titta, Grand Rapids, MI, Michael L. Donner, Sr., (argued and briefed), Carter, Ledyard & Milburn, Washington, DC, for Appellant.


• For Appellees:
  
• Stephen F. Schuesler (briefed), Office of Aty. General Natural Resources Division, Lansing, MI, Joshua W. Gubkin (argued), State of Michigan, Lansing, MI, for Appellee.