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R.M.S. TITANIC, INC. v. HAVER

No. 98-1934.

171 F.3d 943 (1999)

R.M.S. TITANIC, INCORPORATED, successor in interest to Titanic Ventures, limited partnership, Plaintiff-Appellee, v. Christopher S. HAVER; Deep Ocean Expeditions, Parties in Interest-Appellants, and 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 R.M.S. Titanic, in rem, Defendant, Liverpool and London Steamship Protection and Indemnity Association Limited, Claimant, Wildwings Worldwide Travel; Bakers World Travel; Quark Expeditions, Incorporated; Mike McDowell; Ralph White; Don Walsh, Ph.D.; Alfred S. McLaren, Ph.D.; R/V Akademik Mstislav Keldysh; Blackhawk Television, Parties in Interest, and John A. Joslyn, Movant. The Explorers Club; The Advisory Council on Underwater Archaeology; Columbus-America Discovery Group, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1999.

Attorney(s) appearing for the Case

ARGUED: Alex Blanton, Dyer, Ellis & Joseph, Washington, D.C., for Appellants. F. Bradford Stillman, McGuire, Woods, Battle & Boothe, L.L.P., Norfolk, Virginia, for Appellee. ON BRIEF: Michael Joseph, Joseph O. Click, Dyer, Ellis & Joseph, Washington, D.C., for Appellants. Mark S. Davis, Douglas E. Miller, Lee A. Handford, McGuire, Woods, Battle & Boothe, L.L.P., Norfolk, Virginia, for Appellee. David G. Concannon, Kohn, Swift & Graf, P.C., Philadelphia, Pennsylvania, for Amicus Curiae Explorers Club. John P. McMahon, McMahon & Connell, P.C., Charlotte, North Carolina, for Amicus Curiae Advisory Council. Richard T. Robol, Columbus-America Discovery Group, Columbus, Ohio, for Amicus Curiae Columbus-America.

Before ERVIN, WILKINS, and NIEMEYER, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge ERVIN and Judge WILKINS joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents questions about the authority of a United States court to regulate the salvage rights in the wreck of the luxury liner, R.M.S. Titanic, which lies in international waters.

The Titanic was launched in 1912 as the "largest and...

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