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LANE v. FIRST NAT. BANK OF BOSTON

No. 88-1815.

871 F.2d 166 (1989)

Joan F. LANE, d/b/a Lane & Co., Plaintiff, Appellant, v. The FIRST NATIONAL BANK OF BOSTON, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 22, 1989.

Attorney(s) appearing for the Case

William F. Spallina, Watertown, Mass., for appellant.

Steven B. Rosenfeld with whom Peter L. Felcher, Jon D. Kaplon, Paul, Weiss, Rifkind, Wharton & Garrison, Bernard Korman, I. Fred Koenigsberg, Edward W. Chapin, Alan L. Shulman, Silverman & Shulman, P.C., Howard L. Wattenberg, Marshall, Morris, Glinert, Powell, Wattenberg & Perlstein, Alvin Deutsch and Linden & Deutsch, New York City, were on brief, for Nat. Music Publishers' Ass'n, Inc., American Soc. of Composers, Authors and Publishers, Broadcast Music, Inc., Music Publishers' Ass'n of the U.S. and The Songwriters Guild of America, amici curiae.

Lisa A. Levy, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief for appellees the Com. of Massachusetts Dept. of Revenue, Harvey J. Beth, Edward J. Collins, Jr., and Roberta Heinzmann.

Before BOWNES and SELYA, Circuit Judges, and PETTINE, Senior District Judge.

SELYA, Circuit Judge.

This appeal presents, face up and squarely, the vexing question of whether the Eleventh Amendment provides shelter to States in actions brought pursuant to the Copyright Act of 1976, as amended, 17 U.S.C. §§ 101-810 (1982). For the reasons set forth herein, we conclude that it does.

I

Plaintiff-appellant Joan F. Lane brought suit in the federal district court against the Commonwealth of Massachusetts and divers others...

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