A Southern California family trying to recover a painting stolen by Nazis in 1939 was dealt another legal blow Tuesday when the U.S. Court of Appeals for the Ninth Circuit declined to rehear its case en banc.

Ninth Circuit Judges Consuelo Callahan, Carlos Bea and Sandra Ikuta denied a petition by the descendants of Lilly Neubauer to reconsider its ruling that Spanish law, not California law, should determine who owns the Camille Pissarro painting “Rue Saint-Honoré in the Afternoon. Effect of Rain.” The case also failed to secure enough votes in the circuit for a full court, en banc, consideration.