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KUNSTSAMMLUNGEN ZU WEIMAR v. ELICOFON

Nos. 446, 535, Dockets 81-7542, 81-7544.

678 F.2d 1150 (1982)

KUNSTSAMMLUNGEN ZU WEIMAR, Plaintiff-Intervenor-Appellee, and Elisabeth Mathilde Isidore Erbgrossherzogin Von Sachsen-Weimar-Eisenach (Grand Duchess of Saxony-Weimar), Plaintiff-Intervenor-Appellant, and Federal Republic of Germany, Original Plaintiff, v. Edward I. ELICOFON, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 5, 1982.

Attorney(s) appearing for the Case

Richard W. Hulbert, New York City (David G. Sabel, Jonathan I. Blackman, Cleary, Gottlieb, Steen & Hamilton, New York City, of counsel), for defendant-appellant.

Harry I. Rand, New York City (Lawrence M. Kaye, James A. Altman, Botein, Hays, Sklar & Herzberg, New York City, of counsel), for plaintiff-intervenor-appellee Kunstsammlungen zu Weimar.

Benjamin B. Ferencz, New York City (Kenneth Simon, Taylor, Ferencz & Simon, New York City, of counsel), for plaintiff-intervenor-appellant Grand Duchess of Saxony-Weimar.

Before FEINBERG, Chief Judge, and MANSFIELD and OAKES, Circuit Judges.

MANSFIELD, Circuit Judge:

In this diversity suit involving two foreign countries (East Germany and West Germany), a foreign national, and an American citizen, we are asked to determine the ownership of two priceless Albrecht Duerer portraits executed around 1499.1 They were stolen in 1945 from a castle located in what is now East Germany and fortuitously discovered in 1966 in the Brooklyn home of Edward I. Elicofon, an American citizen...

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