327 F.3d 1246 (9th Cir. 2003), 01-56003, Altmann v. Republic of Austria

Docket Nº:01-56003
Citation:327 F.3d 1246
Party Name:Altmann v. Republic of Austria
Case Date:April 28, 2003
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 1246

327 F.3d 1246 (9th Cir. 2003)

Maria 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.

Nos. 01-56003, 01-56398.

United States Court of Appeals, Ninth Circuit

April 28, 2003

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...

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