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Von Saher v. Norton Simon Museum of Art at Pasadena

Certiorari Denied

Petition for certiorari denied on June 27, 2011.

Docket No.09-1254
Op. Below9th Circuit

Issue

(1) Whether, in enacting a state statute extending the statute of limitations applicable to claims for the recovery of property stolen during the Holocaust against museums and galleries, the State of California was addressing an area of “traditional state responsibility”? without intruding on the federal foreign affairs power; (2) whether a state statute extending the statute of limitations for the recovery of property stolen during the Holocaust, which does not conflict with any federal statute, treaty or policy, is preempted by the federal foreign affairs power to make and resolve war; and (3) whether California Code of Civil Procedure § 354.3 is facially unconstitutional when the application to the case at bar poses no constitutional infirmity.

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