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DEEP SEA RESEARCH, INC. v. BROTHER JONATHAN

No. 95-15693.

102 F.3d 379 (1996)

DEEP SEA RESEARCH, INC., Plaintiff-Appellee, v. The BROTHER JONATHAN, her Appurtenances, furniture, cargo, etc., Defendant, and State of California; State Lands Commission, Defendants-Intervenors-Appellants, United States of America, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1996.

As Amended on Denial of Rehearing and Rehearing December 4, 1996.

Attorney(s) appearing for the Case

Joseph Rusconi, Linus Masouredis, Deputy Attorneys General, Oakland, California, for defendant-intervenor-appellant State of California.

Peter Pelkofer, California State Lands Commission, Sacramento, California, for defendant-intervenor-appellant California State Lands Commission.

Fletcher Alford, Gordon & Rees, San Francisco, California, for plaintiff-appellee.

Barbara B. O'Malley, United States Department of Justice, Washington, D.C., for defendant-intervenor United States of America.

Before: SCHROEDER, D.W. NELSON and KOZINSKI, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 4, 1996.*

D.W. NELSON, Circuit Judge:

Appellee Deep Sea Research ("DSR") brought this in rem admiralty action seeking salvage rights and title to the wreck of the Brother Jonathan, a double paddle wheel steamer that sank in 1865 off the coast of Crescent City, California. After nineteen years of searching, DSR claims to have discovered the Brother...

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