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ALTMANN v. REPUBLIC OF AUSTRIA

Nos. 01-56003, 01-56398.

317 F.3d 954 (2002)

Maria V. ALTMANN, an individual, Plaintiff-Appellee, v. REPUBLIC OF AUSTRIA, a foreign state; and the Austrian Gallery, an agency of the Republic of Austria, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 2002.

Decided December 12, 2002.

Attorney(s) appearing for the Case

Scott P. Cooper, Jonathan E. Rich, Tanya L. Forsheit, Proskauer Rose LLP, Los Angeles, CA, for the appellants.

E. Randol Schoenberg, Los Angeles, CA, for the appellee.

David A. Lash, Bet Tzedek Legal Services, Los Angeles, CA; Margot A. Metzner, Janie F. Schulman, Sheila Recio, Michael J. Bostrom, Morrison & Foerster LLP, Los Angeles, CA, for the amicus.

Before: WARDLAW, W. FLETCHER, Circuit Judges and WHYTE, District Judge.

WARDLAW, Circuit Judge.

At issue is whether the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-1611, confers jurisdiction in the United States District Court for the Central District of California over the Republic of Austria and the state-owned Austrian Gallery in a suit alleging wrongful appropriation of six Gustav Klimt paintings from their rightful heirs. Maria Altmann, a United States citizen, seeks the recovery of the paintings from the Republic...

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