UNITED STATES
DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS
MARTHA’S
VINEYARD SCUBA HEADQUARTERS, INC.
Plaintiff,
v.
THE WRECKED AND ABANDONED STEAM VESSEL
R.M.S. REPUBLIC, her tackle, apparel and cargo, etc.
located within 2,000 yards of a point: Beginning at
coordinates
40 degrees 26 minutes 00 seconds N. Latitude and 69
degrees
46 minutes 00 seconds W. Longitude; more precisely
Loran “C”
coordinates 25138.1, 43453.2 through .6 and 14073.1,
.2, in
rem,
Defendant.
NOTICE OF
CLAIM
PLEASE
TAKE NOTICE that the United States of America, without waiving any objections
it may have as to jurisdiction of this Court, hereby makes a protective claim
as owner of certain goods and cargo carried on board R.M.S. REPUBLIC, at the
time of its sinking, to include, based upon assertions by private individuals
and recent suggestions made by plaintiff: gold coin or other specie and other
legal tender being transported on the R.M.S. REPUBLIC, on behalf of Claimant,
United States of America.
The
same are asserted to have been arrested by plaintiff, Martha's Vineyard Scuba
Headquarters, Inc., pursuant to the order of this Court dated August 4,
2000. As noted by plaintiff in its
Verified Complaint, the actual value of the contents of the vessel have not
been fully ascertained and, as noted by this Court's order, it is not possible
to state what will in fact be recovered.
Therefore, Claimant provides notice of a protective claim of ownership
of the alleged gold coin or other specie if located aboard the R.M.S. REPUBLIC.
If
gold coin or other specie of gold or legal tender is located aboard the wreck
of the R.M.S. REPUBLIC, claimant, United States of America, states that it was
at the time of the sinking of the R.M.S. REPUBLIC, and the filing of the
complaint herein, and still is, the true and bonafide sole owner of said goods
and cargo, including gold coin or other specie of gold or legal tender placed
aboard the ship on behalf of Claimant, that no other person is the owner
thereof and that title and ownership interest in said goods and cargo have
never been abandoned by the Claimant, United States of America.
WHEREFORE,
it prays to defend accordingly.
Dated:
September 29, 2000.
Respectfully
submitted,
DAVID W. OGDEN
Assistant Attorney General
DONALD K. STERN
United States Attorney
THOMAS KANWIT
United States Courthouse
1 Courthouse Way
Boston, Massachusetts 02210
Telephone: (617) 748-3100
Facsimile: (617) 748-3275
DAVID V. HUTCHINSON
Assistant Director Aviation/Admiralty
Torts Branch, Civil Division
DAMON C. MILLER
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 14271
Washington, DC 20044-4271
Telephone: (202) 616-4047
Facsimile: (202) 616-4159
(signed)_____________________
RICHARD T. EVANS, Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 14271
Washington, DC 20044-4271
Telephone: (202) 616-4033
Facsimile: (202) 616-4159