Altmann v. Republic of Austria

Decision Date28 April 2003
Docket NumberNo. 01-56398.,No. 01-56003.,01-56003.,01-56398.
Citation327 F.3d 1246
PartiesMaria v. ALTMANN, an individual, Plaintiff — Appellee, v. REPUBLIC OF AUSTRIA, a foreign state; and the Austrian Gallery, an agency of the Republic of Austria, Defendants — Appellants.
CourtU.S. Court of Appeals — Ninth Circuit

Appeal from the United States District Court for the Central District of California; Florence Marie Cooper, District Judge, Presiding. D.C. No. CV-00-08913-FMC.

Before: WARDLAW, W. FLETCHER, Circuit Judges, and WHYTE, District Judge.

ORDER

The Opinion filed December 12, 2002, slip op. 1, and appearing at 317 F.3d 954 (9th Cir.2002), is amended as follows:

1. At slip opinion 16; 317 F.3d at 964, insert the following sentence after the citation to Verlinden B.V. v. Central Bank of Nigeria and before the sentence beginning "In 1943, the Supreme Court pronounced...":

This explanation made no distinction between in rem and in personam actions.

2. At slip opinion 16; 317 F.3d at 965, insert the word "alleged" in the sentence beginning "Determining whether the FSIA..." so that the sentence reads in full: "Determining whether the FSIA may properly be applied thus turns on the question whether Austria could legitimately expect to receive immunity from the executive branch of the United States for its alleged complicity in and perpetuation of the discriminatory expropriation of the Klimt paintings."

3. At slip opinion 17; 317 F.3d at 965, insert the word "allegedly" in the sentence beginning "That Austria and the United States..." so that the sentence reads in full: "That Austria and the United States were no longer on opposite sides of World War II at the time the Federal Monument Agency allegedly attempted to extort valid title to the Klimt paintings does not mean that Austria could reasonably expect the granting of immunity for an act so closely associated with the atrocities of the War."

4. At slip opinion 18, 317 F.3d at 966, insert the following language after the citation to the Letter of Jack B. Tate, Acting Legal Advisor, Department of State, to the Attorneys for the plaintiff in Civil Action No. 31-555 (S.D.N.Y.) and before the sentence beginning "We conclude, as did Judge Wald, ...":

This letter strongly indicates that the State Department would not have recommended immunity as a matter of grace and comity for Austria's expropriation of the Klimt paintings. Indeed, in January 1943, the United States and seventeen of its allies issued the Declaration Regarding Forced Transfers of Property in Enemy-Controlled Territory,...

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  • Cassirer v. Kingdom of Spain, 06-56325.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 8, 2009
    ...of Austria, 317 F.3d 954, 962 (9th Cir.2002) (citing Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001)), amended by 327 F.3d 1246 (9th Cir.2003), aff'd by 541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1 (2004), and determine whether the factual content "allows the court to draw the......
  • Acosta v. Saakvitne
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    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • January 18, 2019
    ...relating to the subject matter of the action." Altmann v. Republic of Austria , 317 F.3d 954, 971 (9th Cir. 2002), amended by 327 F.3d 1246 (9th Cir. 2003) (quoting Northrop Corp. v. McDonnell Douglas Corp. , 705 F.2d 1030, 1043 (9th Cir. 1983) ). The Company has explicitly stated that it c......
  • Abelesz v. Magyar Nemzeti Bank , s. 11–2387
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    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 22, 2012
    ...demonstrate that the defendant had engaged in commercial activity in the United States. 317 F.3d 954, 969 (9th Cir.2002), amended,327 F.3d 1246 (9th Cir.2003), aff'd on other grounds,541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1 (2004). Similarly, the fact that defendants entered transactions......
  • Lennar Mare Island, LLC v. Steadfast Ins. Co., 2:12–cv–02182–KJM–KJN
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    ...(an amicus curiae could advance an absentee's interests), aff'd and remanded, 317 F.3d 954 (9th Cir.2002), am. on denial of reh'g, 327 F.3d 1246 (9th Cir.2003), and aff'd on other grounds, 541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1 (2004).Second, if judgment in Steadfast's favor would prej......
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