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U.S. v. WALLY

No. 99 Cv. 9940(LAP).

663 F.Supp.2d 232 (2009)

UNITED STATES of America, Plaintiff, v. PORTRAIT OF WALLY, a Painting by Egon Schiele, Defendant In Rem.

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

September 30, 2009.

Attorney(s) appearing for the Case

Barbara Ann Ward, Sharon Cohen Levin, U.S. Attorney's Office, New York, NY, for Plaintiff.

Arvin Maskin, Konrad Lee Cailteux, Weil, Gotshal & Manges LLP, New York, NY, for Republic of Austria.

Ronald Jaray, Richmond, CA, Stephen M. Harnik, Law Office of Stephen M. Harnik, William M. Barron, Alston & Bird LLP, New York, NY, for Leopold-Museum, Privatstiftung.

Evan A. Davis, Cleary Gottlieb Steen & Hamilton, LLP, New York, NY, for Museum of Modern Art.

Howard Neil Spiegler, Lawrence Michael Kaye, Herrick, Feinstein LLP, New York, NY, for Henry S. Bondi, Sophie Goldstein, Joshua B. Isaac, Shauna Isaac, Marc Isaac, Ralph Italie, Bertha Katzenstein, Ruth Rozanek, Allison Rozanek.

OPINION and ORDER

LORETTA A. PRESKA, Chief Judge.

This protracted dispute stems from the alleged theft of Portrait of Wally ("Wally" or "the Painting"), a painting by renowned Austrian artist Egon Schiele, from Lea Bondi Jaray ("Bondi"). The Government, and Bondi's Estate (the "Estate"), contend that after the Germans occupied Austria in 1938, Friedrich Welz, a Nazi, stole Wally from Bondi, a Jewish owner of a Viennese art gallery...

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