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CROMER v. KRAFT FOODS NORTH AMERICA, INC.

Nos. 02-1646, 02-1795.

390 F.3d 812 (2004)

Donald G. CROMER, Plaintiff-Appellant, v. KRAFT FOODS NORTH AMERICA, INCORPORATED, Defendant-Appellee. Georgetown University Law Center, Appellate Litigation Program, Amicus Supporting Appellant. Donald G. Cromer, Plaintiff-Appellant, v. Kraft Foods, Incorporated, Defendant-Appellee. Georgetown University Law Center, Appellate Litigation Program, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2004.

Attorney(s) appearing for the Case

ARGUED: Alistair Elizabeth Newbern, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Amicus Supporting Appellant. Donald G. Cromer, Greenville, South Carolina, Appellant Pro Se. Christy E. Phanthavong, BRYAN CAVE, L.L.P., Chicago, Illinois, for Appellee. ON BRIEF: Steven H. Goldblatt, Director, Matthew B. Archer-Beck, Varu Chilakamarri, Student, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Amicus Supporting Appellant. Timothy C. Klenk, Bryan Cave, L.L.P., Chicago, Illinois; Joel H. Spitz, McGuirewoods, L.L.P., Chicago, Illinois, for Appellee.

Before MICHAEL and MOTZ, Circuit Judges, and Henry E. HUDSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Motz wrote the opinion, in which Judge Michael and Judge Hudson joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Donald G. Cromer appeals the district court's denial of his Rule 60(b) motion, as well as an order imposing upon him a prefiling injunction and finding him in criminal and civil contempt. We affirm the Rule 60(b) ruling, but vacate the prefiling injunction and contempt findings...

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