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WESTFIELD v. FEDERAL REPUBLIC OF GERMANY

No. 09-6010.

633 F.3d 409 (2011)

Fred WESTFIELD, in his capacity as administrator de bonis non administratis of the Estate of an Alien, Walter Westfeld; Fred Westfield; Erich Westfield; Hannah Kahn; Linda Plaut; Jeanne Rees; and Rosie Segal, as executor of the Estate of Martin Segal, Plaintiffs-Appellants, v. FEDERAL REPUBLIC OF GERMANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2011.

Attorney(s) appearing for the Case

ARGUED: Overton Thompson III , Bass, Berry & Sims PLC, Nashville, Tennessee, for Appellants. William S. Walton , Miller & Martin PLLC, Nashville, Tennessee, for Appellee. ON BRIEF: Overton Thompson III , Kathryn Hannen Walker , Bass, Berry & Sims PLC, Nashville, Tennessee, Jeffrey Schoenblum , Vanderbilt Legal Clinic, Nashville, Tennessee, for Appellants. William S. Walton , James A. Beakes III , Miller & Martin PLLC, Nashville, Tennessee, Max Riederer von Paar , Rubin, Winston, Diercks, Harris & Cooke, LLP, Washington, D.C., for Appellee.

Before: MARTIN and SILER, Circuit Judges; BELL, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The Heirs of Walter Westfeld, a prominent German art dealer during the 1930s, seek to recover the value of Westfeld's art collection from the Federal Republic of Germany. Westfeld had attempted to remove his art collection to Tennessee but, before he could do so, Nazi officials seized and sold off the collection. The district court granted Germany's motion to dismiss...

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