You might be interested in the Brother Jonathan case from California. Patrick ================================ Supreme Court Rules in Brother Jonathan Case The Supreme Court ruled on 22 April, 1998, on the case between Deep Sea Research, Inc. and the State of California. The entire decision can be accessed at <<http://supct.law.cornell.edu/supct/html/96-1400.ZO.html>>. The case centered on if the Eleventh Amendment rights of the State applied in this instance, which would mean Federal courts had no jurisdiction to decide the fate of the Brother Jonathan. The Supreme Court ruled that the Eleventh Amendment did not apply, since the State did not possess the wreck. Also, the court defined that the term "Abandoned" with regard to the Abandoned Shipwreck Act of 1987 is the same as that normally accepted with regard to Admiralty law. We note that this is a marked deviation from the definition of the term offered by the National Park Service in the ASA guidelines published in the National Register. The case was sent back to the Court of Appeals to reconsider based on these rulings. We expect no substantial change to the lower courts previous decisions.
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