COLUMBUS-AMERICA DISC. GROUP v. ATLANTIC MUT. INS.

Nos. 98-2120, 98-2198.

203 F.3d 291 (2000)

COLUMBUS-AMERICA DISCOVERY GROUP, Plaintiff-Appellant, and Trustees of Columbia University in the City of New York; Jack F. Grimm; Joanne Lampe Charlton, Personal Representative of the Estate of Harry G. John, Intervenors-Plaintiffs, v. ATLANTIC MUTUAL INSURANCE COMPANY; Commercial Union Assurance Company, Limited; Royal Insurance Company, Limited; Sun Alliance Group; GRE of America Corporation; Superintendent of Insurance of the State of New York, Claimants-Appellees, and the Unidentified Wrecked and Abandoned Sailing Vessel, its engines, tackle, apparel, appurtenances, cargo, etc., located within a box defined by the following coordinates: Northern Boundary-31 degrees 37 minutes North Latitude; Southern Boundary-31 degrees 33 minutes North Latitude; Western Boundary-77 degrees 2 minutes West Longitude, (believed to be the S.S. Central America), in rem, Defendant, The Insurance Company of North America; Commercial Union Insurance Company; William H. McGee & Company, Incorporated; Royal Insurance; Royal Insurance Company of America; Chubb & Son, Incorporated; Salvage Association; Underwriters at Lloyd's; London Assurance; Alliance Assurance Company, Limited; Guardian Royal Exchange; Royal Exchange Assurance; Indemnity Mutual Marine Assurance Company; Indemnity Marine Assurance Company, Limited; Sun Insurance Company Of New York; Sun Insurance Office, Limited; Marine Insurance Company, Limited; Indemnity Marine; London Associated Corporation; Royal Associated Corporation; Royal Marine; Indemnity Mutual; Royal Exchange & London Offices; Union Bank of London; Dennis Standefer; The R/V Liberty Star, her master, officers, crew, and all persons aboard; Board of Trustees of Columbia University; Lamont-Doherty Geological Institute; S.S. George Law Partnership; Boston Salvage Consultants, Incorporated, Claimaints. Columbus-America Discovery Group, Plaintiff-Appellant, and Trustees of Columbia University in the City of New York; Jack F. Grimm; Joanne Lampe Charlton, Personal Representative of the Estate of Harry G. John, Intervenors-Plaintiffs, v. Atlantic Mutual Insurance Company; Commercial Union Assurance Company, Limited; Royal Insurance Company, Limited; Sun Alliance Group; GRE of America Corporation; Superintendent of Insurance of the State of New York, Claimants-Appellees, and The Unidentified Wrecked and Abandoned Sailing Vessel, its engines, tackle, apparel, appurtenances, cargo, etc., located within a box defined by the following coordinates: Northern Boundary-31 degrees 37 minutes North Latitude; Southern Boundary-31 degrees 33 minutes North Latitude; Western Boundary-77 degrees 2 minutes West Longitude, (believed to be the S.S. Central America), in rem, Defendant, The Insurance Company of North America; Commercial Union Insurance Company; William H. Mcgee & Company, Incorporated; Royal Insurance; Royal Insurance Company of America; Chubb & Son, Incorporated; Salvage Association; Underwriters at Lloyd's; London Assurance; Alliance Assurance Company, Limited; Guardian Royal Exchange; Royal Exchange Assurance; Indemnity Mutual Marine Assurance Company; Indemnity Marine Assurance Company, Limited; Sun Insurance Company of New York; Sun Insurance Office, Limited; Marine Insurance Company, Limited; Indemnity Marine; London Associated Corporation; Royal Associated Corporation; Royal Marine; Indemnity Mutual; Royal Exchange & London Offices; Union Bank of London; Dennis Standefer; The R/V Liberty Star, her master, officers, crew, and all persons aboard; Board of Trustees of Columbia University; Lamont-Doherty Geological Institute; S.S. George Law Partnership; Boston Salvage Consultants, Incorporated, Claimaints.

United States Court of Appeals, Fourth Circuit.

Decided: February 8, 2000.

Rehearing and Rehearing Denied March 7, 2000.


Attorney(s) appearing for the Case

R. Hewitt Pate, Hunton & Williams, Richmond, Virginia; Richard T. Robol, Columbus-America Discovery Group, Inc., Columbus, Ohio, for Appellant. George Robert Daly, I, Bigham, Englar, Jones & Houston, New York, NY; Guilford D. Ware, Crenshaw, Ware & Martin, P.L.C., Norfolk, VA, for Appellees. Sarah C. Johnson, John S. Martin, Hunton & Williams, Richmond, Virginia; Robert W. Trafford, James D. Curphey, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellant. Joseph A. Yamali, Bigham, Englar, Jones & Houston, New York, NY; David H. Sump, Crenshaw, Ware & Martin, P.L.C., Norfolk, Virginia, for Appellees.

Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 7, 2000.*

OPINION

WIDENER, Circuit Judge:

The appellant, Columbus-America Discovery Group, appeals three orders of the district court: an order entering a previously signed agreed order of settlement and dismissal, a sua sponte order of the district court partially vacating the previously entered agreed dismissal order, and a third order unsealing the inventory of the treasure...

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