Deep Sea Research, Inc. v. The Brother Jonathan

143 F.3d 1299, 98 Daily Journal DAR 6814, 98 Cal. Daily Op. Serv. 4845, 1998 U.S. App. LEXIS 13348

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 23, 1998
• Docket: 95-15693
• Status: Published

Opinion

143 F.3d 1299

98 Daily Journal D.A.R. 6814

DEEP SEA RESEARCH, INC., Plaintiff-Appellee,
v.
The BROTHER JONATHAN, her Appurtenances, furniture, cargo,
etc., Defendant,
and
State of California; State Lands Commission,
Defendants-intervenors- Appellants.
United States of America, Defendant-intervenor.

No. 95-15693.

United States Court of Appeals,
Ninth Circuit.

June 23, 1998.

On Remand from the United States Supreme Court. D.C. No. CV-91-03899-LCB.

Before: SCHROEDER, NELSON, and KOZINSKI, Circuit Judges.

ORDER

The judgment of this court, 102 F.3d 379, is vacated in all respects except for the assumption of jurisdiction. This case is remanded to the district court for further proceedings consistent with the decision of the Supreme Court of the United States, filed April 22, 1998, --- U.S. ----, 118 S.Ct. 1464, 149 L.Ed.2d 626.

Petitioners California and State Lands Commission shall recover one-half costs from Deep Sea Research, Inc., et al., Eight Thousand Three Hundred Sixty-two Dollars and Thirty-five Cents ($8,362.35) for costs herein expended.

SO ORDERED.