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CHAVEZ v. ARTE PUBLICO PRESS

No. 93-2881.

59 F.3d 539 (1995)

Denise CHAVEZ, Plaintiff-Appellee, v. ARTE PUBLICO PRESS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 1, 1995.

Attorney(s) appearing for the Case

Patrick J. Feeney, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, John R. Feather, Vaden, Eickenroht, Thompson, Boulware & Feather, Houston, TX, for appellants.

David Gunn, Kenneth E. Kuffner, Jeffrey L. Streets, Gunn & Kuffner, Houston, TX, Jeffrey A. Pyle, Vaden, Eickenroht, Thompson & Feather, Houston, TX, for appellee.

Charles S. Sims, Karen E. Clarke, Proskauer, Rose, Goetz & Mendelsohn, New York City, Jon A. Baumgarten, Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, for amicus curiae Ass'n of American Publishers.

Kathleen A. Murray, New York City, for amicus curiae Author's Guild.

Michael E. Robinson, Robert V. Zener, U.S. Dept. of Justice, Washington, DC, intervenor for appellee.

Before WISDOM, JONES and EMILIO M. GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The University of Houston and one of its employees appeal the denial of their motions to dismiss an action brought under the Copyright and Lanham Acts. Appellants principally contend that the Acts are unconstitutional under the Eleventh Amendment because they purport to override state immunity and authorize suits in federal court against the state for violation of the Acts. This would appear to be a compelling defense, were it not for...

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