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RODRIGUEZ v. TEXAS COM'N ON THE ARTS

No. 98-10251 Summary Calendar.

199 F.3d 279 (2000)

Abel RODRIGUEZ, Plaintiff-Appellant, v. TEXAS COMMISSION ON THE ARTS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 2000.

Attorney(s) appearing for the Case

David Moody, Lubbock, TX, for Rodriguez.

Lisa M. Nieman, Austin, TX, for Texas Com'n on the Arts.

Christopher A. Bloom, Melissa Masiello, Bell, Boyd & Lloyd, Chicago, IL, for Training Media Ass'n, Amicus Curiae.

Charles S. Sims, Prokaver, Rose, Goetz & Mendelsohn, New York City, for Association of American Publishers, Inc., The Nat. Music Publishers Ass'n, Inc., The Software Publishers Ass'n, Inc., The Ass'n of American University Presses, Inc., and The Authors Guild, Amicus Curiae.

Before DAVIS, DUHÉ and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Plaintiff sued the Texas Commission on the Arts in federal court alleging copyright infringement. Plaintiff appeals decision of the United States District Court for the Northern District of Texas dismissing plaintiff's suit for lack of subject matter jurisdiction. Because we find that the Copyright Clarification Act, 17 U.S.C. § 511 (1994), does not abrogate a state's Eleventh Amendment immunity pursuant to a valid exercise of...

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