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REGENTS OF UNIV. OF CAL. v. DOE

No. 95-1694.

519 U.S. 425 (1997)

REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL. v. DOE

United States Supreme Court.

Decided February 19, 1997.

Attorney(s) appearing for the Case

Charles A. Miller argued the cause for petitioners. With him on the briefs were Robert A. Long, Jr., John F. Duffy, James E. Holst, and Patrick J. O'Hern.

Lisa Schiavo Blatt argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Bender, and Mark B. Stern.

Richard Gayer, by appointment of the Court, 519 U.S. 804, argued the cause for respondent. With him on the brief was Madeleine Tress.*

Stevens, J., delivered the opinion for a unanimous Court.

Justice Stevens, delivered the opinion of the Court.

The narrow question presented by this case is whether the fact that the Federal Government has agreed to indemnify a state instrumentality against the costs of litigation, including adverse judgments, divests the state agency of Eleventh Amendment immunity. We hold that it does not.

I

Respondent, a citizen of New York, brought suit against the Regents of the University of California and several...

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