Cassirer

I. Background.

For the purposes of this appeal, we take the factual allega- tions in this case as true.2 At the heart of the present dispute is the Rue Saint-Honoré, après-midi, effet de pluie (the “Painting”), an oil painting by the French impressionist mas- ter Camille Pissarro. The Painting was originally purchased in 1898 by Cassirer’s great-grandfather, Julius Cassirer, a mem- ber of a wealthy Jewish family living in Germany. The Paint- ing remained in the family for the next forty years. First passing upon Julius’s death to his son, Fritz, and later to Fritz’s widow, Lilly Cassirer.

In 1939, as persecution of Jews living in Nazi Germany increased, Lilly and her new husband sought official permis- sion to leave Germany and take their possessions, which included the Painting. Before granting permission, the Nazi government appointed Munich art dealer Jakob Scheidwim- mer as the official appraiser to evaluate the works of art that Lilly wished to take with her. After his appraisal, Scheidwim- mer refused to allow Lilly to take the Painting out of Ger- many and demanded that she sell it to him for approximately 2 In reviewing the district court’s denial of a motion to…