FALSTAFF BREWING CORP. v. MILLER BREWING CO.

No. 81-4214.

702 F.2d 770 (1983)

FALSTAFF BREWING CORPORATION, General Brewing Company S & P Company, Plaintiffs-Appellants, v. MILLER BREWING COMPANY, and Philip Morris, Incorporated, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1983.


Attorney(s) appearing for the Case

Theodore F. Schwartz, Clayton, Mo., Quentin L. Kopp, Kopp & DiFranco, San Francisco, Cal., for plaintiffs-appellants.

Daniel M. Lewis, Arnold & Porter, Washington, D.C., Stephen Bomse, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for defendants-appellees.

Before WALLACE, HUG, and ALARCON, Circuit Judges.


ALARCON, Circuit Judge.

The Falstaff Brewing Corporation (Falstaff) has appealed from the order of the district court finding Falstaff in contempt for inter alia failing to return documents as required by a protective discovery order and imposing costs payable to Miller Brewing Co. (Miller) for the expenses incurred by Miller in an attempt to locate the missing items. We are asked to decide whether the facts support a finding of civil or criminal contempt. We conclude...

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