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FITZGERALD v. UNIDENTIFIED WR. & ABANDONED VESSEL

Nos. 88-1742, 88-1827.

866 F.2d 16 (1989)

Richard FITZGERALD, et al., Plaintiffs, Appellees, v. The UNIDENTIFIED WRECKED AND ABANDONED VESSEL, etc., Defendant, Appellee. Harry E. Hauck and Carlos Rivera-Davila, Intervening Plaintiffs, Appellants. Richard FITZGERALD, et al., Plaintiffs, Appellants, v. The UNIDENTIFIED WRECKED AND ABANDONED VESSEL, etc., Defendant, Appellee. Harry E. Hauck and Carlos Rivera-Davila, Intervening Plaintiffs, Appellees.

United States Court of Appeals, First Circuit.

Decided February 1, 1989.

Attorney(s) appearing for the Case

Carlos J. Quilichini with whom Domingo Acevedo Bayron and Francisco R. Moya, Hato Rey, P.R., were on brief, for Richard Fitzgerald, et al.

Jose E. Alfaro Delgado and Calvesbert & Brown, San Juan, P.R., on brief, for Harry E. Hauck and Carlos Rivera-Davila.

Jose R. Garcia Perez, Hato Rey, P.R., Federal Litigation Div., with whom Hon. Rafael Ortiz Carrion, Sol. Gen., and Norma Cotti Cruz, Deputy Sol. Gen., were on brief, for intervenors Commonwealth of Puerto Rico and Puerto Rico Institute of Culture.

Before CAMPBELL, Chief Judge, SELYA, Circuit Judge, and PETTINE, Senior District Judge.

LEVIN H. CAMPBELL, Chief Judge.

The HMS DEFIANCE is believed to have foundered off the coast of Puerto Rico in 1652. In 1986-87, two groups of salvors, the Fitzgerald group and the Hauck group, allegedly discovered the wreck of what some believe to be the DEFIANCE several hundred yards off the beach near Rincon, Puerto Rico. The salvors recovered valuable artifacts, including an astrolabe.

On December 28, 1987, the Fitzgerald group filed this admiralty action...

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