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JOHNSON v. SMITHSONIAN INST.

Docket No. 98-9279.

189 F.3d 180 (1999)

James H. JOHNSON, individually and as Personal Representative of Distributees of the Estate of William H. Johnson, Deceased, Plaintiff-Appellant, v. THE SMITHSONIAN INSTITUTION, Michael Rosenfeld Gallery, Inc., Defendants-Appellees,

United States Court of Appeals, Second Circuit.

Decided August 13, 1999.

Attorney(s) appearing for the Case

M. Eugene Gibbs, Gibbs & Scott, Florence, SC, for Plaintiff-Appellant.

Peter R. Stern, Berger Stern & Webb, LLP, New York, N.Y. (Thomas E. Hone, Berger Stern & Webb, LLP, New York, NY, on the brief), for Defendant-Appellee Michael Rosenfeld Gallery, Inc.

James L. Cott, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney for the Southern District of New York, New York, NY; Neil M. Corwin, Gideon A. Schor, Assistant United States Attorneys, New York, NY, on the brief) for Defendant-Appellee The Smithsonian Institution.

Before: FEINBERG and SACK, Circuit Judges, and SPRIZZO, District Judge.

SACK, Circuit Judge:

Plaintiff James H. Johnson, individually and as a purported personal representative of distributees of the estate of William H. Johnson, deceased, commenced this action against the Smithsonian Institution ("Smithsonian") and Michael Rosenfeld Gallery, Inc. ("Rosenfeld Gallery") asserting, inter alia, conversion and replevin claims and seeking the imposition of a constructive trust in an attempt...

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