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Museum of Fine Arts, Boston v. Seger-Thomschitz

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Before Torruella and Lipez, Circuit Judges, and Barbadoro, *fn1 District Judge.

Claudia Seger-Thomschitz, the sole surviving heir of Austrian-Jewish art collector Oskar Reichel, seeks to recover possession of Oskar Kokoschka’s Two Nudes (Lovers) (“the Painting”), a valuable oil painting formerly owned by Reichel and now held by the Museum of Fine Arts, Boston (“the MFA”). Seger-Thomschitz alleges that Reichel was forced to sell the Painting under duress after Austria was annexed by Nazi Germany in 1938 and that good title never passed to the original purchaser or to the MFA. The MFA counters that the original transaction was valid and that Seger-Thomschitz’s claim to the Painting is time-barred in any event.

After private negotiations between Seger-Thomschitz and the MFA proved fruitless, the MFA commenced this action for a declaratory judgment to “confirm its rightful ownership of the painting.” The district court granted summary judgment for the MFA on statute of limitations grounds, holding that Seger-Thomschitz’s claims were time-barred. Having carefully reviewed the record, we now affirm that statute of limitations ruling.

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