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INDIAN RIVER RECOVERY CO. v. THE CHINA

Civ. A. No. 85-315 CMW.

645 F.Supp. 141 (1986)

INDIAN RIVER RECOVERY CO., Plaintiff, v. THE CHINA, her appurtenances, furniture, cargo, etc., Defendant, v. OCEAN WATCH, Intervenor.

United States District Court, D. Delaware.

September 30, 1986.

Attorney(s) appearing for the Case

Bayard J. Snyder, of Phillips & Snyder, Wilmington, Del., for plaintiff.

Patrick Scanlon, of Barros, McNamara & Scanlon, Dover, Del., for intervenor.

William C. Smith, Sp. Counsel, The Atlantic Alliance for Maritime Heritage Conservation, Washington, D.C., amicus curiae.

CALEB M. WRIGHT, Senior District Judge.

This is a maritime action, in which plaintiff Indian River Recovery Company, Inc. ("IRRC") and intervenor Ocean Watch, a not-for-profit corporation formed by sport scuba divers, charter-boat operators and fishing boat captains, seek the right, exclusive of each other, to dive upon and to salvage the remains of a nineteenth-century shipwreck.

The wreck, popularly called the China Wreck because of its cargo of English...

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