ALPERIN v. VATICAN BANK

Nos. 03-16166, 03-15208.

410 F.3d 532 (2005)

Emil ALPERIN; Jewgenija Romanova; Maria Dankewitsch; Vladimir Morgunov, on behalf of themselves and all other persons similarly situated; Organization of Ukrainian Antifascist Resistance Fighters; Ukrainian Union of Nazi Victims and Prisoners; Vladimir Brodich; William Dorich; Igor Najfeld, on behalf of themselves and all other persons similarly situated; Lizabeth Lalich; Mladen Djuricich; Robert Predrag Gakovich; Nevenka Vukasovic Malinowski; Eli Rotem; Milorad Skoric; Veljko Miljus; Fred Zlatko Harris; Milja Conger; Allen Dolfi Herskovich; Bogdan Kljaic; David Levy; Zdenka Baum Ruchwarger; Vladan Celebonovic; Desa Tomasevic Wakeman; Daniel Pyevich; Koviljka Popovic; Jasenovac Research Institute; The International Union of Former Juvenile Prisoners of Fascism of Ukraine, Russia, and Belarus, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. VATICAN BANK, aka Institute of Religious Works aka Instituto per le Opere Di Religione (IOR); Franciscan Order (OFM), Including Croatian Franciscans; Croatian Cofraternity of the College of San Girolamo Degli Illirici, and its successors, Swiss, Austrian, Argentine, Spanish, Italian, Portuguese, Vatican & German Banking Institutions; Croatian Liberation Movement (HOP), Defendants-Appellees. Emil Alperin; Jewgenija Romanova; Maria Dankewitsch; Vladimir Morgunov, on behalf of themselves and all other persons similarly situated; Organization of Ukrainian Antifascist Resistance Fighters; Ukrainian Union of Nazi Victims and Prisoners; Vladimir Brodich; William Dorich; Igor Najfeld, on behalf of themselves and all other persons similarly situated; Lizabeth Lalich; Mladen Djuricich; Robert Predrag Gakovich; Nevenka Vukasovic Malinowski; Eli Rotem; Milorad Skoric; Veljko Miljus; Fred Zlatko Harris; Milja Conger; Allen Dolfi Herskovich; Bogdan Kljaic; David Levy; Zdenka Baum Ruchwarger; Vladan Celebonovic; Desa Tomasevic Wakeman; Daniel Pyevich; Koviljka Popovic; Jasenovac Research Institute; The International Union of Former Juvenile Prisoners of Fascism of Ukraine, Russia, and Belarus, on behalf of themselves and all others similarly situated; Organization of Ukrainian Antifascist Resistance Fighters; Ukrainian Union of Nazi Victims and Prisoners, Plaintiffs-Appellants, v. Vatican Bank, aka Institute of Religious Works aka Instituto per le Opere Di Religione (IOR); Franciscan Order (OFM), Including Croatian Franciscans; Croatian Cofraternity of the College of San Girolamo Degli Illirici, and its successors, Swiss, Austrian, Argentine, Spanish, Italian, Portuguese, Vatican & German Banking Institutions; Croatian Liberation Movement (HOP), Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2005.

Amended June 9, 2005.


Attorney(s) appearing for the Case

Kathryn Lee Boyd, Pepperdine University Law School, Malibu, CA; Jonathan H. Levy, Cincinnati, OH; Thomas Easton, Eugene, OR, for the plaintiffs-appellants.

Jeffrey S. Lena, Law Offices of Jeffrey S. Lena, Berkeley, CA, for defendant-appellee Istituto per le Opere di Religione, sued as the Vatican Bank.

Paul E. Vallone, Hinshaw & Culbertson, San Francisco, CA, for defendant-appellee Order of Friars Minor.

Before TROTT, McKEOWN, Circuit Judges, and SHADUR, Senior District Judge.


AMENDED OPINION AND AMENDED CONCURRENCE/DISSENT

McKEOWN, Circuit Judge.

We are faced here with the question whether claims for losses allegedly suffered at the hands of a Nazi puppet regime during World War II are cognizable in our courts today. Because these claims, at least superficially, touch on foreign relations and potentially controversial political issues, it is tempting to jump to the conclusion that such claims are barred by the political question...

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