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R.M.S. TITANIC v. WRECKED AND ABANDONED VESSEL

No. 01-2227.

286 F.3d 194 (2002)

R.M.S. TITANIC, INCORPORATED, successor in interest to Titanic Ventures, limited partnership, Plaintiff-Appellant, 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 R.M.S. Titanic, in rem; Robert C. Blumberg, Attorney-Advisor, Office of Oceans Affairs, United States Department of State; Ole Varmer, Attorney-Advisor, National Oceanic and Atmospheric Administration, United States Department of Commerce; Madeleine K. Albright, Secretary of State, United States Department of State; William M. Daley, Secretary of Commerce, United States Department of Commerce; D. James Baker, Administrator, National Oceanic and Atmospheric Administration, United States Department of Commerce, Defendants, Liverpool and London Steamship Protection and Indemnity Association, Limited, Claimant, Deep Ocean Expeditions; Wildwings Worldwide Travel; Bakers World Travel; Quark Expeditions, Incorporated; Mike McDowell; Ralph White; Don Walsh, Ph.D.; Alfred S. McLaren, Ph.D.; Christopher S. Haver; R/V Akademik Mstislav Keldysh; United States of America; Blackhawk Television, Parties in Interest, John A. Joslyn, Movant. University of Virginia Appellate Litigation Clinic; David Shuttle, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 12, 2002.

Attorney(s) appearing for the Case

ARGUED: Mark Steven Davis, Carr & Porter, L.L.C., Portsmouth, Virginia, for Plaintiff-Appellant. Neal Lawrence Walters, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Amicus Curiae Clinic. ON BRIEF: Robert C. Scaro, Jr., Mark A. Stallings, Carr & Porter, L.L.C., Portsmouth, Virginia, for Plaintiff-Appellant. Craig A. Markham, Elderkin, Martin, Kelly & Messina, Erie, Pennsylvania, for Amicus Curiae Shuttle.

Before WILKINS, NIEMEYER, and KING, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge KING joined.

OPINION

NIEMEYER, Circuit Judge.

R.M.S. Titanic, Inc. ("RMST"), as salvor-in-possession of the submerged wreck of the R.M.S. Titanic and the artifacts salvaged from it, challenges the district court's orders of September 26, 2001, and October 19, 2001. These orders were entered after the court discovered RMST's plans to sell some...

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