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MAREX TITANIC, INC. v. WRECKED AND ABANDONED VESSEL

No. 92-2429.

2 F.3d 544 (1993)

MAREX TITANIC, INC., a Tennessee Corporation, Plaintiff-Appellant, Titanic Ventures, Plaintiff-Appellee, v. THE WRECKED AND ABANDONED VESSEL, its engines, tackle, apparel, appurtenances, cargo, etc., located within one (1) nautical mile of a point located at 41 43 32 north latitude and 49 56 49 west longitude, believed to be the RMS Titanic, in rem, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1993.

Attorney(s) appearing for the Case

George A. Somerville, Mays & Valentine, Richmond, VA, argued (Alan D. Wingfield, Mays & Valentine, on the brief), for plaintiff-appellant.

F. Bradford Stillman, McGuire, Woods, Battle & Boothe, Norfolk, VA, argued (Mark S. Davis, McGuire, Woods, Battle & Boothe, on the brief), for plaintiff-appellee.

Before HALL, Circuit Judge, SPROUSE, Senior Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Marex Titanic, Inc. ["Marex"], appeals the district court's judgment awarding Titanic Ventures exclusive salvage rights to the Titanic. Because we conclude that the district court had no authority to vacate Marex's notice of voluntary dismissal, we reverse.

I.

On April 15, 1912, the RMS Titanic sank in the North Atlantic Ocean approximately 400 miles off the Newfoundland coast. In 1985, a joint French/American...

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