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CASSIRER v. THYSSEN-BORNEMISZA COLLECT. FOUNDATION

No. 12-56159.

737 F.3d 613 (2013)

David CASSIRER; Ava Cassirer; United Jewish Federation of San Diego County, a California nonprofit corporation, Plaintiffs-Appellants, v. THYSSEN-BORNEMISZA COLLECTION FOUNDATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2013.

Attorney(s) appearing for the Case

Stuart R. Dunwoody (argued), Victor A. Kovner , and Catherine E. Maxson , Davis Wright Tremaine LLP, Seattle, WA, for Plaintiffs-Appellants.

Thaddeus J. Stauber (argued), Sarah E. André , and Michael O. Azat , Nixon Peabody LLP, Los Angeles, CA, for Defendant-Appellee.

Kamala D. Harris , Attorney General of California, Susan Duncan Lee , Acting Solicitor General, Mark Breckler , Chief Assistant Attorney General, Angela Sierra , Acting Senior Assistant Attorney General, Antonette Benita Cordero and Catherine Z. Ysrael , Deputy Attorneys General, Los Angeles, CA, for Amicus Curiae State of California.

Luis Li , Eric Tuttle , and Amelia L.B. Sargent , Munger Tolles & Olson LLP, Los Angeles, CA, for Amici Curiae California Association of Museums.

Before: HARRY PREGERSON, DOROTHY W. NELSON, and KIM McLANE WARDLAW, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

The Cassirers appeal the district court's grant of the Thyssen-Bornemisza Collection Foundation's motion to dismiss their complaint without leave to amend. The Cassirers' lawsuit seeks to recover a masterpiece French impressionist painting that was allegedly taken from their ancestors by the Nazi regime. For the Cassirers' claims to be timely, they must rely on amended California Code of Civil Procedure § 338(c)(3)...

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