Falstaff Brewing Corporation, General Brewing Company S & P Company v. Miller Brewing Company, and Philip Morris, Incorporated

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 that they do not and reverse the contempt order. We affirm the award of expenses, including attorney’s fees, attributable to…