DEPARTMENT OF STATE INTERNATIONAL CLAIMS COMMISSION

QF THE UNITED STATFB

) In the Matter of the Claim of )

ALFRm SCHUTZ ) Do~ket No Y-1097 )

Under the Yugoslav Claims Agreement ) Decision No 637 of 1948 and the International Claims )

)SettlemEnt Act of 1949

PROPOSED DECISION

MARVEL CHAIRMAN This claim seeks the recovery of $100 ooo the asserted value of real property alleged to have been nationalized

or otherwise taken by the Yugoslav Govermnent

The claim is before this Commission upon the proceeding of the

Solicitor of the Camnission pursuant to Section 30016 of the Rules

of Practice and Procedure of the Camnission

Evidence before the Canmi ssion shows that clajmant became a

citizen of the United States by naturalization on November 12 1947 3

that he was the owner of an improved lot at NoSurdulicka Street

Belgrade listed under Docket No 1317 Belgrade Evidence further

shows that all machinery and materis1s relating to a metal products

factory were sold by clromant to one Evgen Radovan in 1935 We are

therefore concerned solely with the real property aboVe described

It appears that the real property was attempted to be national shy

ized by the Yugoslav Government pursuant to the law of April 28

1948 but by a decision of the Presidium of the Government Peoples

Bepublic or Serbia on June 8 1949 tbe above described decree of

natioMJization was set aside upon thil appeal of one Jelenamp Oupie

claimants agent and sister Following this an entry was made in

the land register restorJng the ownership ~ this property to the

clbulliMnt It therefore appears that clampimanta property has not

-2- Deciaion No 637

bull

been nationalized or otherwise taken by the Yugoslav Government

within the tams of the Yugoslav Clajms Agreement of 1948 and the

International Claims Settlement Act of 1949

The claim is denied in whole

June 17 1953

CLAIMS C(MUSSION OF THE UNITED STATESINTF~ATIO DEPARTMENT OF STATE

Washington D c

a ID the Hatter of the Clbullibull of s

I

JLFBID SCHOtZ l Docket lo Y-181 10 1t11t 46th Street I

Bev York Bev York I Decision Bo 671 I

-

Under the Yugoal av Clbull1bullbull Jpe amant 1

of 1948 and thbull Iatrnational Clla1bullbull i Settl a 1ent Act of 1949

---------------------------------middot ~ tor Clbull~bull111tt1

t) PlUL amplq ~ 551 Fifth Avenue

Bev York 17 Nev York

By Proposed Decision Ho 671 dated June 17 1953 this claim

vu den~ ed by the Ccinj aaion At the request of the cla1mant a

Hearing WU held cm April 191 19541 at mich t1bulle clbullibullent appeared

in peraon encl vu repreemted b7 OOUDMl Bvidence ottered m

behalf ot clbull1bullet vu reee1ve4 ad oral ar11aent vaa preaanted by

hia eouuel lbareatter cla1PYDtbull attorney aut-1tted Requested

F1nd1nga end Coneluaiona ot Lav UMi a Sl1PPltgtrt1Damp Briet

The claim i8 for $1001 000 by Altre4 Sclmts a citisan of the

United Statea alnce hia natura11saticm on lovbullber 12 1947 and is

tor the teking br the GovanaaDt ot Y11palavia of peraonelty eonshy

aiatiDg ot bullaob1n_ and tenaJ e ncl a three-lltclr7 factarT

building ad adjoining ree14bullUal ba11d1ng1 Boue lfo 3 Smdlllicka

Street Belgnde YqoaJ aria

The ele1bull vu clbullledvpon the poubull that the cle1=bullrt hM

bull14 the peal t7 iJa 1935 ad that r1el proprtJ bt net be bull

bullU-J1M4 or otlt81Vlbullbull tatbull lIJ the Yup8lampY Ckrfbull1 1st At tb8

-2shy

Hearing on April 19 1954 cla1pymt vitbdrtni hie cla1bull tor per10DBJ

The Gel ad saion flnda it eetabl 1 ehed by a certified extract

dated HOT111ber 1 1952 b-ca the Lad Begiater ot the County Court

of Bel grade (Docket Ro 1317 Cadastral District of Belgrade) filed

by the Govarnbullent or Yugoalavia end adm1aeions ot that Goverment

that claimant ovna a parcel ot land with a total area of 3483 square

meters with two structures on the property The extract contains the

following entry

nRecbulld July 21st 1948 Dn353048 On basis of decision ot Ex Cam of Peoples Cam III Precinct of the City ot Belgrade Ho 19944tSof July 16 1948 right of ownerab1p to property under list (page) is entered in tavor of Peoplebull Cawbullon Propertybull

However upon an appeal from thibull Decieioa by Jalana Cupic a sister

of clamp1bullat the Decision vu aet uide by a Deciaion of the Pr

e1d1m ot the Govannnaat Peoples Republic ot Serbia of JUle 8

1949 and an ppropriate entry vu made iD the Larni Register restorshy

ing ovnerabip to the claimant Alfred Sehuts OD _ 91 1950

The epoundfect of the Decision ot the Preatd1m ot the Govarnbullent

Peoplebull Republic ot Serbia ot Jw 81 1949 vu to millify the

orig1Dal taking of the property parauant to the Second BationaJ1sation

Act ot April 28 1948 (otfichJ Guette Bo 3S 0pound April 29 1948) to

the aeme effect u it the propert7 had never been taken The land

regieter utract ahon that the propert7 attlJ artenda recorded in the

nee ot Altred Schutz Slnce MIT 22 1953 upon application of the

cle1bullbullnt throucb an attome7 in Belgnde acting upon a power of

attornlaquor frca the clbull1Mnt the propart7 bbulla be8l1 adm1n1bulltered W a

-3shy

~middottor under the Jurilldiction of the lation-1 IWpubl ic of Serbia

uni t7 Zap Vracar ldMdnj straticm of

Since the owerahip of the propart7 has hetlll reetored to the

cla1bullnt an award by thibull Cowdbulleion would not be warranted In

such evct the cle1bullant would be ccmpceated tor the propert7

wJle stjll retaining owerahip Furthermore an award ot compensashy

tion under these oircmatance11 would be unfair to ell other claimants

who are entitled to share in a fund which DlampY prove inadequate

For the foregoing reeaoua this claim is denied

Done at Washington D c

JUN 3 0 1954

-~ J Clay ~ Cbe1maJl

CLAIMS C(MUSSION OF THE UNITED STATESINTF~ATIO DEPARTMENT OF STATE

Washington D c

a ID the Hatter of the Clbullibull of s

I

JLFBID SCHOtZ l Docket lo Y-181 10 1t11t 46th Street I

Bev York Bev York I Decision Bo 671 I

-

Under the Yugoal av Clbull1bullbull Jpe amant 1

of 1948 and thbull Iatrnational Clla1bullbull i Settl a 1ent Act of 1949

---------------------------------middot ~ tor Clbull~bull111tt1

t) PlUL amplq ~ 551 Fifth Avenue

Bev York 17 Nev York

By Proposed Decision Ho 671 dated June 17 1953 this claim

vu den~ ed by the Ccinj aaion At the request of the cla1mant a

Hearing WU held cm April 191 19541 at mich t1bulle clbullibullent appeared

in peraon encl vu repreemted b7 OOUDMl Bvidence ottered m

behalf ot clbull1bullet vu reee1ve4 ad oral ar11aent vaa preaanted by

hia eouuel lbareatter cla1PYDtbull attorney aut-1tted Requested

F1nd1nga end Coneluaiona ot Lav UMi a Sl1PPltgtrt1Damp Briet

The claim i8 for $1001 000 by Altre4 Sclmts a citisan of the

United Statea alnce hia natura11saticm on lovbullber 12 1947 and is

tor the teking br the GovanaaDt ot Y11palavia of peraonelty eonshy

aiatiDg ot bullaob1n_ and tenaJ e ncl a three-lltclr7 factarT

building ad adjoining ree14bullUal ba11d1ng1 Boue lfo 3 Smdlllicka

Street Belgnde YqoaJ aria

The ele1bull vu clbullledvpon the poubull that the cle1=bullrt hM

bull14 the peal t7 iJa 1935 ad that r1el proprtJ bt net be bull

bullU-J1M4 or otlt81Vlbullbull tatbull lIJ the Yup8lampY Ckrfbull1 1st At tb8

-2shy

Hearing on April 19 1954 cla1pymt vitbdrtni hie cla1bull tor per10DBJ

The Gel ad saion flnda it eetabl 1 ehed by a certified extract

dated HOT111ber 1 1952 b-ca the Lad Begiater ot the County Court

of Bel grade (Docket Ro 1317 Cadastral District of Belgrade) filed

by the Govarnbullent or Yugoalavia end adm1aeions ot that Goverment

that claimant ovna a parcel ot land with a total area of 3483 square

meters with two structures on the property The extract contains the

following entry

nRecbulld July 21st 1948 Dn353048 On basis of decision ot Ex Cam of Peoples Cam III Precinct of the City ot Belgrade Ho 19944tSof July 16 1948 right of ownerab1p to property under list (page) is entered in tavor of Peoplebull Cawbullon Propertybull

However upon an appeal from thibull Decieioa by Jalana Cupic a sister

of clamp1bullat the Decision vu aet uide by a Deciaion of the Pr

e1d1m ot the Govannnaat Peoples Republic ot Serbia of JUle 8

1949 and an ppropriate entry vu made iD the Larni Register restorshy

ing ovnerabip to the claimant Alfred Sehuts OD _ 91 1950

The epoundfect of the Decision ot the Preatd1m ot the Govarnbullent

Peoplebull Republic ot Serbia ot Jw 81 1949 vu to millify the

orig1Dal taking of the property parauant to the Second BationaJ1sation

Act ot April 28 1948 (otfichJ Guette Bo 3S 0pound April 29 1948) to

the aeme effect u it the propert7 had never been taken The land

regieter utract ahon that the propert7 attlJ artenda recorded in the

nee ot Altred Schutz Slnce MIT 22 1953 upon application of the

cle1bullbullnt throucb an attome7 in Belgnde acting upon a power of

attornlaquor frca the clbull1Mnt the propart7 bbulla be8l1 adm1n1bulltered W a

-3shy

~middottor under the Jurilldiction of the lation-1 IWpubl ic of Serbia

uni t7 Zap Vracar ldMdnj straticm of

Since the owerahip of the propart7 has hetlll reetored to the

cla1bullnt an award by thibull Cowdbulleion would not be warranted In

such evct the cle1bullant would be ccmpceated tor the propert7

wJle stjll retaining owerahip Furthermore an award ot compensashy

tion under these oircmatance11 would be unfair to ell other claimants

who are entitled to share in a fund which DlampY prove inadequate

For the foregoing reeaoua this claim is denied

Done at Washington D c

JUN 3 0 1954

-~ J Clay ~ Cbe1maJl

-2shy

Hearing on April 19 1954 cla1pymt vitbdrtni hie cla1bull tor per10DBJ

The Gel ad saion flnda it eetabl 1 ehed by a certified extract

dated HOT111ber 1 1952 b-ca the Lad Begiater ot the County Court

of Bel grade (Docket Ro 1317 Cadastral District of Belgrade) filed

by the Govarnbullent or Yugoalavia end adm1aeions ot that Goverment

that claimant ovna a parcel ot land with a total area of 3483 square

meters with two structures on the property The extract contains the

following entry

nRecbulld July 21st 1948 Dn353048 On basis of decision ot Ex Cam of Peoples Cam III Precinct of the City ot Belgrade Ho 19944tSof July 16 1948 right of ownerab1p to property under list (page) is entered in tavor of Peoplebull Cawbullon Propertybull

However upon an appeal from thibull Decieioa by Jalana Cupic a sister

of clamp1bullat the Decision vu aet uide by a Deciaion of the Pr

e1d1m ot the Govannnaat Peoples Republic ot Serbia of JUle 8

1949 and an ppropriate entry vu made iD the Larni Register restorshy

ing ovnerabip to the claimant Alfred Sehuts OD _ 91 1950

The epoundfect of the Decision ot the Preatd1m ot the Govarnbullent

Peoplebull Republic ot Serbia ot Jw 81 1949 vu to millify the

orig1Dal taking of the property parauant to the Second BationaJ1sation

Act ot April 28 1948 (otfichJ Guette Bo 3S 0pound April 29 1948) to

the aeme effect u it the propert7 had never been taken The land

regieter utract ahon that the propert7 attlJ artenda recorded in the

nee ot Altred Schutz Slnce MIT 22 1953 upon application of the

cle1bullbullnt throucb an attome7 in Belgnde acting upon a power of

attornlaquor frca the clbull1Mnt the propart7 bbulla be8l1 adm1n1bulltered W a

-3shy

~middottor under the Jurilldiction of the lation-1 IWpubl ic of Serbia

uni t7 Zap Vracar ldMdnj straticm of

Since the owerahip of the propart7 has hetlll reetored to the

cla1bullnt an award by thibull Cowdbulleion would not be warranted In

such evct the cle1bullant would be ccmpceated tor the propert7

wJle stjll retaining owerahip Furthermore an award ot compensashy

tion under these oircmatance11 would be unfair to ell other claimants

who are entitled to share in a fund which DlampY prove inadequate

For the foregoing reeaoua this claim is denied

Done at Washington D c

JUN 3 0 1954

-~ J Clay ~ Cbe1maJl

-3shy

~middottor under the Jurilldiction of the lation-1 IWpubl ic of Serbia

uni t7 Zap Vracar ldMdnj straticm of

Since the owerahip of the propart7 has hetlll reetored to the

cla1bullnt an award by thibull Cowdbulleion would not be warranted In

such evct the cle1bullant would be ccmpceated tor the propert7

wJle stjll retaining owerahip Furthermore an award ot compensashy

tion under these oircmatance11 would be unfair to ell other claimants

who are entitled to share in a fund which DlampY prove inadequate

For the foregoing reeaoua this claim is denied

Done at Washington D c

JUN 3 0 1954

-~ J Clay ~ Cbe1maJl