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Supreme Court skirts dispute over Holocaust settlement

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06.13.06
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Supreme Court skirts dispute over Holocaust settlement
By: Associated Press   
Published: June 13, 2006   
 
The Supreme Court turned back an appeal Monday from Austrian Jewish victims of the Nazi regime whose litigation had tied up payments from a $210 million settlement.

Justices refused to disturb a decision by the 2nd U.S. Circuit Court of Appeals, which sided with the Bush administration in dismissing the class-action lawsuit against Austria.

That decision late last year cleared the way for payouts from a 2001 settlement fund. So far, more than 2,000 payments have been made to Austrian Jews whose property was confiscated during the Nazi era and World War II.

The fund was set up through negotiations with the Austrian government and businesses.

Lawyers who filed the class-action lawsuit told justices that the appeals court panel "swayed perhaps by an understandable desire to obtain some measure of compensation for Holocaust survivors during their lifetimes, has dismissed this case for the wrong reason."

The appeals court panel had split 2-1 in agreeing with the Bush administration that dismissing the case would improve U.S. relations with Austria, Israel and European nations. A dissenting judge said the ruling gives the government too much power to decide when lawsuits can be brought against other countries.

The lawsuit had been filed in 2000 by present and former nationals of Austria and their heirs and successors who suffered from Nazi persecution between 1938 and 1945.

Had the high court intervened and reinstated the case, Austria could have been forced to defend itself in court despite the settlement.

Gideon Taylor, executive vice president of the conference on Jewish Material Claims Against Germany, said more than 2,000 payments have been made and more are coming.

"It's important that payments are made quickly, because they're symbolic. As much as they're about the money, they're also about the history," Taylor said.
 
 
 

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