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Dunbar v. Seger-Thomschitz

Appellant claims title to the painting, asserting that it was "confiscated" by the Nazis from her deceased husband's family. Appellee sued to quiet title to the painting based on her ownership by acquisitive prescription under Louisiana law and the fact that appellant's claims were barred by Louisiana's prescriptive laws. The district court granted summary judgment in favor of appellee. Appellant appealed, asserting that the 5th Circuit should invoke "federal common law authority" to displace Louisiana law and Louisiana law is pre-empted by the foreign policy of the executive branch. The 5th U.S. Circuit rejected these arguments and affirmed the judgment of the district court. 5th U.S. Circuit Court of Appeals, No. 09-30717, 08-25-2010

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Published Opinion

Before JONES, Chief Judge, and KING and HAYNES, Circuit Judges.

A painting by Oskar Kokoschka entitled Portrait of Youth (Hans Reichel)(1910) (“the painting”) is currently in the physical possession of the Appellee, Sarah Dunbar, in New Orleans, Louisiana. Appellant, Dr. Claudia Seger-Thomschitz, claims title to the painting, asserting that it was “confiscated” by the Nazis from her deceased husband’s family. Dunbar sued to quiet title to the painting based on her ownership by acquisitive prescription under Louisiana law and the fact that Seger-Thomschitz’s claims were barred by Louisiana’s prescriptive laws. The district court granted summary judgment in favor of Dunbar. Segar-Thomschitz now appeals, asserting that this court should invoke “federal common law authority” to displace Louisiana law and Louisiana law is preempted by the foreign policy of the Executive Branch. We reject these arguments and affirm the judgment of the district court.

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