Legal Opinion

United States v. Davis

Court of Appeals for the Second Circuit

Decided June 3, 2011No. Docket 10-300-cvPublishedCited by 31 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

This case involves two parties, both asserting legitimate claims to the same indivisible piece of property. In 1985, claimant-appellant Sharyl R. Davis purchased the Camille Pissarro monotype Le Marché for its fair market value, unaware that it had recently been stolen from a French museum. More than twenty years later, Le Marché’s true provenance came to light, and the United States government brought this forfeiture action with the intent of returning the monotype to France. Unlike in the Judgment of Solomon, see 1 Kings 3:16-28, neither party has blinked, and…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Austin v. United StatesSupreme Court of the United States · 1993

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3Cited by31 opinions

  1. United States v. Mask of Ka-Nefer-NeferCourt of Appeals for the Eighth Circuit · 2014
  2. United States v. ContorinisCourt of Appeals for the Second Circuit · 2012
  3. United States v. Sum of $185,336.07 United States Currency Seized From Citizen's Bank Account L7N01967Court of Appeals for the Second Circuit · 2013
  4. BAKALAR v. VavraDistrict Court, S.D. New York · 2011
  5. Thompson v. ClarkDistrict Court, E.D. New York · 2019

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