MILLS MUSIC, INC. v. STATE OF ARIZ.

No. 75-3630.

591 F.2d 1278 (1979)

MILLS MUSIC, INC., Plaintiff-Appellee, v. STATE OF ARIZONA and Arizona Coliseum and Exposition Center Board, a Body Politic under and by virtue of the State of Arizona, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

February 26, 1979.


Attorney(s) appearing for the Case

Fred W. Stork, III, Phoenix, Ariz., for defendants-appellants.

Samuel J. Sutton, Cahill, Sutton & Thomas, Phoenix, Ariz., for plaintiff-appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and LUCAS, District Judge.


LUCAS, District Judge:

The State of Arizona and the Arizona Coliseum and Exposition Center Board ("Coliseum Board") appeal from a joint judgment awarding the plaintiff, Mills Music, Inc. ("Mills"), $75,000 in damages for willful copyright infringement and $25,000 in attorney's fees. Appellants' sole contention on appeal is that the Eleventh Amendment precludes an award of damages and attorney's fees against a state and one of its political agencies.

I.

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