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PHILIPP v. FEDERAL REPUBLIC OF GERMANY (2021)

United States Court of Appeals, District of Columbia Circuit.2021-03-16No. No. 17-7064

Authorities cited

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Opinion

JUDGMENT

These causes came to be heard on remand from the Supreme Court of the United States, vacating this courts judgment filed July 10, 2018, and remanding for further proceedings. Upon consideration of the foregoing, it is

ORDERED and ADJUDGED that these consolidated cases be remanded to the District Court for further proceedings consistent with the Supreme Courts opinion in Federal Republic of Germany v. Philipp, ––– U.S. ––––, 141 S. Ct. 703, ––– L.Ed.2d –––– (2021). On remand, the District Court is to consider whether the sale of the Welfenschatz is not subject to the domestic takings rule because the consortium members were not German nationals at the time of the transaction, including whether this argument was adequately preserved in the District Court. Id. at 716-17.

The Clerk is directed to issue the mandate forthwith to the District Court.

Per Curiam