Deweerth v. Baldinger

804 F.Supp. 539 (1992)

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Nature of the Case

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Facts

DeWeerth (P) is a citizen of West Germany. Her father owned a substantial art collection and purchased the Monet in question in 1908. P inherited the painting in 1922, and the painting was kept in her home from 1922 to 1943 until it was sent to her sister in Oberbalzheim for safekeeping during the war. In 1945, American soldiers stole the painting and P was notified for the theft. In 1946, P filed a complaint with the military government. In 1955, P sent a picture of the painting to Dr. Alfred Stange and asked him to investigate its whereabouts. P also sent a list of her stolen art to the Bundeskriminalamt, the German FBI. The painting reappeared in 1956 in New York and was sold to Edith Marks Baldinger (D) for $30,900. P learned of D's possession in 1981 through the efforts of her nephew. P demanded return of the painting and D refused. P sued D. The District Court determined that P was the owner and ordered D to return it. D appealed claiming that P's demand was unreasonably delayed. The Guggenheim decision overturned the case and P applied under Rule 60(b)(6) for relief from the judgment.