UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

 

                                                                                    CIVIL ACTION

NO. 00 11565 WJS

 

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