Elly GROSS, Roman Neuberger, John Brand, in their individual capacities as third-party beneficiaries of the agreements leading to the establishment of the German Foundation "Remembrance, Responsibility, and the Future," as representatives of all German Foundation beneficiaries Appellant
v.
GERMAN FOUNDATION INDUSTRIAL INITIATIVE, and its constituent managing companies; Allianz AG; BASF AG; Bayer AG; BMW AG; Commerzbank AG; DaimlerChrysler AG; Deutsche Bank AG; Degussa-Huells AG; Deutz AG; Dresdner Bank AG; Friedr Krupp AG Hoesch Krupp; Hoechst AG; Rag AG; Robert Bosch GMBH; Siemens AG; VEBA AG; Volkswagen AG, sued individually, and as members of the German Foundation Industrial Initiative
Barbara Schwartz Lee; Bernard Lee, Appellants
v.
Deutsche Bank AG; Dresdner Bank AG.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 26, 2006.
Filed August 3, 2006.
Attorney(s) appearing for the Case
Burt Neuborne, (Argued), New York University Law School, New York, New York, Agnieszka Fryszman, (Argued), Cohen, Milstein, Hausfeld & Toll, Washington, D.C., Allyn Z. Lite, Lite, Depalma, Greenberg & Rivas, Newark, New Jersey, for Appellants, Elly Gross, Barbara Schwartz Lee and Bernard Lee.
Jeffrey A. Barist, (Argued), Milbank, Tweed, Hadley & McCloy, New York, New York, for Appellees, Deutsche Bank AG and Dresdner Bank AG.
Roger M. Witten, Wilmer Cutler Pickering Hale and Dorr, New York, New York, for Appellees, Allianz AG, Bayer AG, Commerzbank AG, Deutz AG, and RAG AG.
Thomas M. Mueller, Mayer Brown Rowe & Maw, New York, New York, for Appellee, BASF AG.
Konrad L. Cailteux, Weil, Gotshal & Manges, New York, New York, for Appellee, BMW AG.
Bud G. Holman, Kelley, Drye & Warren, New York, New York, for Appellee, DaimlerChrysler AG.
Kevin J. McKenna, John J. Gibbons, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, New Jersey, for Appellees, Degussa-Huells AG, Friedr Krupp AG Hoesch Krupp, and Robert Bosch GmbH of Stuttgart, Germany.
Brant W. Bishop, Kirkland & Ellis, Washington, D.C., for Appellee, Siemens AG.
Daniel V. Gsovski, Herzfeld & Rubin, New York, New York, for Appellee, Volkswagen AG.
Walter E. Diercks, Rubin, Winston, Diercks, Harris & Cooke, Washington, D.C., for Amicus Curiae-Appellee, Federal Republic of Germany.
Before SCIRICA, Chief Judge, SMITH and STAPLETON, Circuit Judges.
United States Court of Appeals, Third Circuit.
SCIRICA, Chief Judge.
At issue in this World War II reparations case is whether a suit seeking additional funds for victims of Nazi-era wrongs is justiciable. Claimants contend German companies owe "interest" on their payments to a reparations fund created with the substantial involvement of the United States and German governments to benefit Nazi victims or their descendants. The District Court held the claim presented a nonjusticiable political question. We will...
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