Denise CHAVEZ, Plaintiff-Appellee,
United States of America, Intervenor,
v.
ARTE PUBLICO PRESS; Nicolas Kanellos; University of Houston, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 20, 1998.
April 20, 1998.
Attorney(s) appearing for the Case
Kenneth E. Kuffner, Kuffner & Associates, David Michael Gunn, Holman, Hogan, Dubose & Townsend, Jeffrey Lowell Streets, Houston, TX, for Chavez.
Michael Eugene Robinson, Mark Bernard Stern, U.S. Dept. of Justice, Civil Div., Appellate Staff, Robert V. Zener, Washington, DC, for Intervenor.
Patrick J. Feeney, Austin, TX, John Russel Feather, Bush, Moseley, Riddle & Jackson, Houston, TX, for Defendants-Appellants.
Charles J. Sanders, New York City, Carey R. Ramos, Peter L. Felcher, Stephanie A. Gore, Paul, Weiss, Rifkind, Wharton & Garrison, Jon Alan Baumgarten, Charles S. Sims, Prokaver, Rose Goetz & Mendelsohn, New York City, for Ass'n of American Publishers, Inc., The Authors Guild, Inc., Ass'n of American University Presses, Inc., The Nat. Music Publishers Ass'n, Inc. and Software Publishers Ass'n.
Christopher Allan Meyer, Michael R. Klipper, Meyer & Klipper, Washington, DC, for American Soc. of Composers, Authors and Publishers, Broadcast Music, Inc., Business Software Alliance, Inc., Information Industry Ass'n, Motion Picture Ass'n of America, Inc. and Recording Industry Ass'n of America.
Charles L. Gholz, Oblon, Spivak, McClelland, Maier & Neustadt, Arlington, VA, for American Intellectual Property Law Ass'n.
Martin H. Redish, Northwestern School of Law, Chicago, IL, for International Trademark Ass'n.
Before WISDOM, JONES and EMILIO M. GARZA, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ON REMAND FROM THE UNITED STATES SUPREME COURT
EDITH H. JONES, Circuit Judge:
This Copyright/Lanham Act case was remanded from the Supreme Court for reconsideration in light of its decision in Seminole Tribe of Fla. v. Florida,517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). The issue is whether Congress properly exercised authority to subject states to suit in federal court for violation of those statutes.
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