U.S. v. DAVIS

Docket No. 10-300-cv.

648 F.3d 84 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Sharyl R. DAVIS, Claimant-Appellant, The Painting Known as "Le Marché," created by Camille Pissarro, located at Sotheby's, 1334 York Avenue, New York, NY, Defendant-in-Rem.

United States Court of Appeals, Second Circuit.

Decided: June 3, 2011.


Attorney(s) appearing for the Case

Barbara Hoffman , The Hoffman Law Firm, New York, NY, for Claimant-Appellant.

Jeffrey Alberts , Assistant United States Attorney ( Virginia Chavez Romano , Assistant United States Attorney, on the brief), for Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, for Plaintiff-Appellee.

Before: CALABRESI and LYNCH, Circuit Judges, and COTE, District Judge.


GERARD E. LYNCH, Circuit Judge:

This case involves two parties, both asserting legitimate claims to the same indivisible piece of property. In 1985, claimant-appellant Sharyl R. Davis purchased the Camille Pissarro monotype Le Marché for its fair market value, unaware that it had recently been stolen from a French museum. More than twenty years later, Le Marché's true provenance came to light, and the United States government brought this forfeiture...

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