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U.S. v. PORTRAIT OF WALLY

No. 99 CIV. 9940 (MBM).

105 F.Supp.2d 288 (2000)

UNITED STATES of America v. PORTRAIT OF WALLY, A Painting by Egon Schiele, Defendant in Rem.

United States District Court, S.D. New York.

July 19, 2000.

Attorney(s) appearing for the Case

Mary Jo White, United States Attorney for Southern District of New York, Barbara A. Ward, Sharon Cohen Levin, Assistant United States Attorneys, New York City.

William M. Barron, Karl Geercken, Brigit Kurtz, Julian C. Swearengin, Walter, Conston, Alexander & Green, P.C., New York City, for Claimant Leopold Museum-Privatstiftung.

Stephen M. Harnik, John McGowan, Law Offices of Stephen M. Harnik, New York City, for Claimant Leopold Museum-Privatstiftung.

OPINION and ORDER

MUKASEY, District Judge.

Defendant in rem Portrait of Wally, a painting by Egon Schiele ("the painting"), was brought into the United States to be shown at the Museum of Modern Art ("MoMA"), on loan from an Austrian museum, Leopold Museum-Privatsiftung ("the Leopold"). The United States claims that the painting is stolen, and seeks its forfeiture under 19 U.S.C. § 1595a(c) (1994) and 22 U.S.C. § 401(a) (1994). The Leopold...

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