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CALIFORNIA v. DEEP SEA RESEARCH, INC.

No. 96-1400.

523 U.S. 491 (1998)

CALIFORNIA et al. v. DEEP SEA RESEARCH, INC., et al.

United States Supreme Court.

Decided April 22, 1998.

Attorney(s) appearing for the Case

Joseph C. Rusconi, Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Richard M. Frank, Assistant Attorney General, Dennis M. Eagan, Deputy Attorney General, Jack Rump, and Peter Pelkofer.

David C. Frederick argued the cause for the United States, respondent under this Court's Rule 12.6, in support of petitioners. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Preston, and Richard A. Olderman.

Fletcher C. Alford argued the cause for respondent. With him on the brief were Stuart M. Gordon, David Collins, and David J. Bederman.*

O'Connor, J., delivered the opinion for a unanimous Court. Stevens, J., filed a concurring opinion, p. 509. Kennedy, J., filed a concurring opinion, in which Ginsburg and Breyer, JJ., joined, p. 510.

Justice O'Connor, delivered the opinion of the Court.

This action, involving the adjudication of various claims to a historic shipwreck, requires us to address the interaction between the Eleventh Amendment and the in rem admiralty jurisdiction of the federal courts. Respondent Deep Sea Research, Inc. (DSR), located the ship, known as the S. S. Brother Jonathan, in California's territorial waters. When DSR turned to the federal courts for resolution...

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