Word: yugoslavia
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Dates: during 1950-1959
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...case began on New Year's Day 1941, when a baby boy was born to Ivan and Pavla Pirecnik in the village of Sostanj in Yugoslavia. The Pirecniks named the boy after his father. Two years later, the Germans shot down Ivan Pirecnik for working with the partisans; they sent his wife to Auschwitz concentration camp, and little Ivan to a German orphanage maintained by Hitler...
Meanwhile, Mrs. Pavla Pirecnik, released from Auschwitz, had returned to Yugoslavia and begun her search for her son. The International Refugee Organization found Ivan. Mrs. Pirecnik petitioned for his return and the I.R.O. brought the case to the U.S. court at Marburg...
...court of appeals in Frankfurt rendered a divided judgment. Chief Justice William Clark and Justice Marc J. Robinson decreed: "The boy should stay with his foster parents and the mother must sacrifice her natural feelings to that decision" because of the "material factors of the respective homes . . . Although Yugoslavia, as judicially noticed, seems not as bad socially and democratically as most Communist dictatorships, we think it compares economically unfavorably with free enterprise Western Germany as a place to be brought...
...tribunal's third judge, Carl W. Fulghum, held in his minority opinion that i) Yugoslavia's lack of free enterprise was beside the point; 2) no case had been made out to show that Ivan's real mother was unfit to give him a proper home; 3) "the former member-of the Nazi Party and SS trooper [should not] be considered more suitable for her child [than she] who suffered so much at the hands of the Nazi army and SS troops...
Nevertheless, Justice Marc Robinson changed his opinion in the case. The verdict was now two for Mrs. Pirecnik, one for Mrs. Sirsch. This week Ivan went back to Yugoslavia with his real mother...