FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES

WASHINGTON 25 0 C

IN THE 1viATTER o~ THE CLAIM OF

S1EVAN BERICH 1103 99th Avenue West Duluth 8 Minnesota

Claim No IT-10549

Decision No IT-79-2

Under the International Claims Settlement Act of 1949 as amended

GPO 9A2329

Attorney or Claibullant

MILAN S B~CH Esquire Balach ampLarson

Beal Bailding Dulath 2 Kinnesota

FIDL DECISION

The C01111iaaioa issued its Proposed Decision on this claim on

Mq ll 1959 a certified cow of which was duly serYed upon the

claibullant Full consideratioa llaTiag been given to the objections

ot the claibullot filed vithin the tventy-dq period after such

aerrlce wldch has now e~ired and general notice of the Proposed

Decision harlq beea giTen b7 pebulltiag for thirt7 dqs it is

that nch Propobullbulld Decision be and the bullaabull is hereby -

entered u tile Final Decibullioa oa this claia and it is further

CIUgtDID that the award granteel purnant thereto be certitied

tbull tae Secreta17 ot tae Trbullamplllll7bull

Wuaiqtea 25 D c

JUL 7 1959 bull~A~

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bullbull ff ~ I bullI -

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FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES

WASHINGTON 25 0 C

IN THE MATTER 01 THE CLAIM OF

STEVAN BERICH llOJ 99th Avenue West Duluth 8 Minnesota

Claim No IT-lo549

Decision NoIT-79-2

Under the International Claims Settlement Act of 1949 as amended

GPO 9 423 29

Attorney for Claimant

MILAN s Balach Esquire Balach amp Larson Beal Building Duluth 2 Minnesota

PROPOSED DECISION

This timely filed claim for $250000 is before the Comshy

mission by virtue of an amendment to Section 304 of the Intershy

national Claims Settlement Act of 1949 as amended pursuant

to Section 2 Public Law 85-604

The claim is deemed eligible for consideration for reasons

set forth in the decision issued ~th respect to the claim of

Petes Allen (Claim No IT-l064o Decision No IT-81-2) a

copy of which is attached

The clajmant seeks compensation for the loss of health of

his wife a nonnational of the United States and for medical exshy

penses incurred during her j J l ness which was allegedly contracted

when she fied to the woods for safety when the Italian military

forces invaded Da1macija Yugoslavia in the year 1941

Section 304 of the aforesaid Act provides for the receipt

and determination by the Commission in accordance with the

- 2 shy

Memorandum of Underetandinamp and appli cable eubbull tantive law

including international law of the Talidit 7 and amounts ot

cl aims of nati onals of the United States against the Government

of I t aly arising out of the var in which Italy was engaged

from June 10 1940 to September 15 1947 and with respect to

which provision vaa not made in the Treaty of Peace with Ital7

The Commission has held that under Section 304 of the Act

claims for var daaages as a result of death or personal injuries

are recognised only upon a showing that they arose as a result of

a violation or international law

The Commission holds that in the absence of evidence to the

contrary the precautionary measures taken by claimants wife

during an invasion Q7 Italy in tilae of war and the illness which

she allegeltUJ contracted as a result thereof are not recognized

as showing a violation of a rule or principle of international law

Accordingly the portion of the claim based on loss of health

of claibullants vife and medical expenses incurred therefor is

v hereby denied

The record discloses that the claimant Stevan Berich is a

citizen of the United States since his naturalization on June 3

1955middot The record farther discloses that the claimant was the

owner ot a one-halt interebullt in certain personal property located

in Dalbullacija YqoslaTia that said propert7 wabull lost daaaged

or destro7ecl u a renlt ot Italian action deeaed to have occurred

on or about April 22 1941 and that the portion ot the claim

baaed OD 811Ch lbullbullbullbullbull 1bull emapeD8able under Section 304 of the Act

Tbbull dobullg are detem1ned to be $10000 and the ola1unt herein

StYan Beriola ibull entitled to a one-halt interest therein in the

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It ii therefore ORDERED that laid olampiJI be d the _I

hereb7 allowd and an award Mdbull to the clallaant in the IUll ot

f750oo together With tere1t in the uao nt o f31 oo being

6 percent per anmua froa April 22 1941 to Apr l 23 1948 the

date ot p91119nt b1 thbull CJoYerlllltnt ot Italy ot $5 0001 000 purbull _ant

to thbull Memoranaua ot Un4er1tand1ng dated Auguet 141 1947 PROVIDED

that no Pl1Jlbullnt bullhall be llampdbull with respect to t bull award ntil

pent in lull troa the Italian Claia Fund created pursuant to

Section 302 ot the principal aaounte (without interest) o all

awardbull upon olaiial determined under the original prov1e1one of

Section 304

Dated at Wamp8hington D c

FCll THE CltJOUSSIONs