REPUBLIC OF AUSTRIA v. ALTMANN

No. 03-13.

541 U.S. 677 (2004)

REPUBLIC OF AUSTRIA ET AL. v. ALTMANN

Supreme Court of United States.

Decided June 7, 2004.


Attorney(s) appearing for the Case

Scott P. Cooper argued the cause for petitioners. With him on the briefs were Charles S. Sims and Jonathan E. Rich.

Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Jeffrey P. Minear, Mark B. Stern, Douglas Hallward-Driemeier, William H. Taft IV, and Elizabeth M. Teel.

E. Randol Schoenberg argued the cause for respondent. With him on the brief was Donald S. Burris.*

STEVENS, J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, SOUTER, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed a concurring opinion, p. 702. BREYER, J., filed a concurring opinion, in which SOUTER, J., joined, p. 704. KENNEDY, J., filed a dissenting opinion, in which REHNQUIST, C. J., and THOMAS, J., joined, p. 715.


JUSTICE STEVENS delivered the opinion of the Court.

In 1998 an Austrian journalist, granted access to the Austrian Gallery's archives, discovered evidence that certain valuable works in the Gallery's collection had not been donated by their rightful owners but had been seized by the Nazis or expropriated by the Austrian Republic after World War II. The journalist provided some of that evidence to respondent, who in turn filed this action to recover possession of six...

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