Hester Industries, Inc. v. Tyson Foods, Inc., 160 F. 3d 911 - Court of Appeals, 2nd Circuit 1998

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\u27s 913*913 violation of the terms of a settlement agreement that the court had referred to in its prior order dismissing plaintiff\u27s trademark dilution action, and from orders granting partial summary judgment in favor of plaintiff Hester Industries, Inc. ( Hester ), denying defendant\u27s motion for partial summary judgment and denying defendant\u27s motion, pursuant to Fed.R.Civ.P. 59(e), to alter or amend the district court\u27s judgment. Plaintiff-appellee cross-appeals from the district court\u27s final judgment to the extent that the court\u27s 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