ROGATH v. SIEBENMANN

Nos. 76, 543, Dockets 96-9300,96-9481.

129 F.3d 261 (1997)

David ROGATH, Plaintiff-Appellant-Cross-Appellee. v. Werner E.R. SIEBENMANN, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 10, 1997.


Attorney(s) appearing for the Case

Guy R. Fairstein, Kurzman & Eisenberg, LLP, White Plains, NY, for Plaintiff-Appellant-Cross-Appellee.

John B. Koegel and Peter A. Jaffe, Jaffe and Asher, New York City, for Defendant-Appellee-Cross-Appellant.

Before: KEARSE, McLAUGHLIN, Circuit Judges, TRAGER, District Judge.


McLAUGHLIN, Circuit Judge:

BACKGROUND

This case revolves around a painting, entitled "Self Portrait," supposedly painted in 1972 by a well-known English artist, Francis Bacon.

In July 1993, defendant Werner Siebenmann sold the Painting to plaintiff David Rogath for $570,000. In the Bill of Sale, Siebenmann described the provenance of the Painting and warranted that he was the sole owner of the Painting,...

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