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MANHATTAN INDUSTRIES v. SWEATER BEE BY BANFF, LTD.

No. 893, Docket 88-7810.

885 F.2d 1 (1989)

MANHATTAN INDUSTRIES, INC., Bayard Shirt Corporation, and Don Sophisticates, Inc., Plaintiffs, v. SWEATER BEE BY BANFF, LTD., and Robert Belsky, Defendants. SWEATER BEE BY BANFF, LTD., Contempt-Plaintiff-Appellant, v. MANHATTAN INDUSTRIES, INC., Bayard Shirt Corporation, Champpierre, Ltd., Laurence L. Leeds, Jr., Donald Kallman, Robert Hamel, and Fred Feldstein, Contempt-Defendants, Manhattan Industries, Inc., Bayard Shirt Corporation, Donald Kallman, and Robert Hamel, Contempt-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 15, 1989.

Attorney(s) appearing for the Case

Dennis Grossman, New York City (Eileen King, Grossman & King, New York City, of counsel), for contempt-plaintiff-appellant.

Thomas J. Sweeney, III, New York City (Cynthia A. Feigin, Davis, Markel & Edwards, Paul Fields, McAulay, Fields, Fisher, Goldstein & Nissen, New York City, of counsel), for contempt-defendants-appellees.

Before LUMBARD, PRATT and MINER, Circuit Judges.

MINER, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the Southern District of New York (Broderick, J.) that approved and adopted a report of a special master finding the Bayard Shirt Corporation ("Bayard") in civil contempt of that court's February 27, 1981 consent judgment and injunction ("consent judgment"). The finding of contempt was premised on Bayard's failure to use a source reference to distinguish a mark...

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