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Defendant-appellant Tyson Foods, Inc. ("Tyson") appeals from a judgment of the United States District Court for the Northern District of New York (McAvoy, C.J.) imposing upon defendant a civil contempt fine of $8,599,272.84 based on defendant's 913*913 violation of the terms of a settlement agreement that the court had referred to in its prior order dismissing plaintiff's trademark dilution action, and from orders granting partial summary judgment in favor of plaintiff Hester Industries, Inc. ("Hester"), denying defendant's motion for partial summary judgment and denying defendant's motion, pursuant to Fed.R.Civ.P. 59(e), to alter or amend the district court's judgment. Plaintiff-appellee cross-appeals from the district court's final judgment to the extent that the court's monetary award was purportedly deficient.

For the reasons that follow, we vacate so much of the judgment as imposes a fine for civil contempt and remand for further proceedings consistent with this opinion.


160 F.3d 911 (1998)

HESTER INDUSTRIES, INC., Plaintiff-Appellee-Cross-Appellant, v. TYSON FOODS, INC., Defendant-Appellant-Cross-Appellee.

Nos. 97-9606, 97-9608.

United States Court of Appeals, Second Circuit.

Argued July 14, 1998.

Decided November 20, 1998.

New York Law School location: File #2661, Box #139