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QUICK TAKES - Sept. 10, 2009

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Spain had nothing to do with the Nazis’ confiscation of a $20-million Impressionist painting from a German-Jewish family in 1939, but the Spanish government and an affiliated Madrid art museum nevertheless may have to answer to the victim’s heir in a Los Angeles courtroom, a federal appeals court has ruled.

A three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco found Tuesday that Spain can’t invoke the legal doctrine of sovereign immunity to throw out a suit brought by Claude Cassirer of San Diego, seeking the return of a painting by Camille Pissarro that now hangs in the Thyssen-Bornemisza Museum.

Cassirer, an 88-year-old former portrait photographer, says his grandmother was forced to give up the Pissarro in exchange for permission to leave Germany on the eve of World War II.

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The appeals panel ruled, however, that the trial judge must reconsider the question of whether Cassirer should take his case to a court in Spain or Germany, before it can be heard in Los Angeles.

-- Mike Boehm

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