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MARX v. GOVERNMENT OF GUAM

No. 87-2713.

866 F.2d 294 (1989)

Robert MARX, Plaintiff-Appellee, v. GOVERNMENT OF GUAM, Claimant-Appellant, and Two Wrecked and Abandoned Vessels, (believed to be the NUESTRA SENORA DEL PILAR and NUESTRA SENORA DEL BUEN VIAJE), etc.; in rem, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

R. Happy Rons, Asst. Atty. Gen., Government of Guam, Agana, Guam, for defendant-appellant.

Richard L. Johnson, Kelmm, Blair, Sterling & Johnson, Agana, Guam, for plaintiff-appellee.

Before WISDOM, BOOCHEVER and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

I

INTRODUCTION

This in rem admiralty case concerns two Spanish galleons thought to have sunk off the coast of Guam in the seventeenth and eighteenth centuries. The issues are: (1) whether we have jurisdiction of this appeal under the collateral order doctrine, (2) whether the government of Guam ("Guam") has standing, and (3) whether Guam has sovereign immunity which precludes the exercise of federal jurisdiction...

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