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ELDRED v. RENO

No. 99-5430.

239 F.3d 372 (2001)

Eric ELDRED, et al., Appellants, v. Janet RENO, In her official capacity as Attorney General, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 2001.

Order Filed: March 2, 2001.

Attorney(s) appearing for the Case

Lawrence Lessig argued the cause for appellants. With him on the briefs were Charles R. Nesson, Jonathan L. Zittrain, Geoffrey S. Stewart, Gregory A. Castanias, and Portia A. Robert.

Erik S. Jaffe was on the brief of amicus curiae Eagle Forum Education & Legal Defense Fund.

Laura N. Gasaway, Lyman Ray Patterson, and Edward Walterscheid, appearing pro se, were on the brief of amici curiae Laura N. Gasaway, et al.

Alfred Mollin, Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General, William Kanter, Counsel, and Wilma A. Lewis, U.S. Attorney.

Peter L. Felcher, Carey R. Ramos, Carl W. Hampe, Lynn B. Bayard, Gaela K. Gehring-Flores, Allan Adler, Fritz E. Attaway, Joseph J. DiMona, I. Fred Koenigsberg, and James J. Schweitzer were on the brief of amici curiae The Sherwood Anderson Literary Estate Trust, et al.

Before: Ginsburg, Sentelle, and Henderson, Circuit Judges.

Opinion for the Court filed by Circuit Judge Ginsburg.

Separate opinion dissenting in part filed by Circuit Judge Sentelle.

GINSBURG, Circuit Judge:

The plaintiffs in this case, corporations, associations, and individuals who rely for their vocations or avocations upon works in the public domain, challenge the constitutionality of the Copyright Term Extension Act of 1998 (CTEA), Pub.L. No. 105-298, 112 Stat. 2827. This marks the first occasion for...

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