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Remedies Keyed to Tabb, 8th
Vineberg v. Bissonnette
Citation:
548 F.3d 50 (2008)Facts
In 1934, Dr. Max Stern inherited an art gallery in Dusseldorf, Germany. Due to Nazi persecution based on his Jewish ancestry, the Reich Chamber for the Fine Arts ordered Dr. Stern to liquidate his gallery. He consigned his collection, including a Franz Xaver Winterhalter painting titled “Madchen aus den Sabiner Bergen,” to the Lempertz Auction House, which auctioned the works in November 1937 at prices well below fair market value. Dr. Stern fled Germany shortly thereafter and was prevented from retrieving the auction proceeds. Dr. Wilharm purchased the painting at the forced auction, and it remained in his family’s private collection for over six decades. Dr. Stern made various efforts to locate his missing artworks, including filing restitution claims, placing advertisements, visiting Europe, and initiating judicial proceedings in Germany. When Dr. Stern died in 1987, he bequeathed his estate to the Foundation. In 2004, the Stern Estate contracted with the Art Loss Register to assist in locating missing works. The defendant, Dr. Wilharm’s step-daughter who inherited the painting, consigned it to a Rhode Island auction house in 2003. When the auction was scheduled for January 2005, the Art Loss Register notified the Stern Estate and the auction house of the claimed interest, leading to withdrawal of the painting from auction and subsequent litigation.
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