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HESTER INDUSTRIES, INC. v. TYSON FOODS, INC.

Nos. 97-9606, 97-9608.

160 F.3d 911 (1998)

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

United States Court of Appeals, Second Circuit.

Decided November 20, 1998.

Attorney(s) appearing for the Case

Robert W. Adams, Nixon & Vanderhye, P.C., Arlington, VA (Duane M. Byers, Robert A. Rowan, J. Scott Davidson, Nixon & Vanderyhe, P.C., Arlington, VA, Richard A. Kohn, Thuillez, Ford, Gold & Johnson LLP, Albany, NY, of counsel), for Plaintiff-Appellee-Cross-Appellant.

Jonathan J. Lerner, Skadden, Arps, Slate, Meagher & Flom LLP, New York City (Christopher P. Malloy, Skadden, Arps, Slate, Meagher & Flom LLP, New York City, John R. Cleary, Shughart Thomson & Kilroy, Kansas City, MO, of counsel), for Defendant-Appellant-Cross-Appellee.

Before: MINER and CABRANES, Circuit Judges, and COVELLO, District Judge.

MINER, Circuit Judge:

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 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...

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