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BAKALAR v. VAVRA

Docket No. 08-5119-cv.

619 F.3d 136 (2010)

David BAKALAR, Plaintiff-Counter-Defendant-Appellee, v. Milos VAVRA and Leon Fischer, Defendant-Counter-Claimant-Appellants, Schenker Inc. and Schenker & Co. A.G., Counter-Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 2, 2010.

Attorney(s) appearing for the Case

Raymond J. Dowd , ( Carol A. Sigmond , Thomas V. Marino , on the brief) Dunnington, Bartholow & Miller LLP, New York, N.Y., for Defendants-Counter Claimant-Appellants.

James A. Janowitz , ( William L. Charron , on the brief), Pryor Cashman LLP, New York, N.Y., for Plaintiff-Counter-Defendant-Appellee.

Judge KORMAN concurs in a separate opinion.

EDWARD R. KORMAN, District Judge:

This case involves a dispute over the ownership of a drawing by Egon Schiele (the "Drawing") between plaintiff David Bakalar, the current possessor of the Drawing, and defendants Milos Vavra and Leon Fischer, heirs to the estate of Franz Friedrich Grunbaum ("Grunbaum"). Although the Drawing was untitled by the artist, one of the descriptive titles by which it is known is "Seated Woman with Bent Left Leg (Torso)."

Vavra and...

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