ANACONDA MINERALS COMPANY, Plaintiff, and
Arco, Inc., Bethlehem Steel Corporation, Chaparral Steel Company, Marathon Steel Company, Nucor Corporation, Tamco, Inc., Federated Metals Corporation, Plaintiffs-Appellants,
v.
STOLLER CHEMICAL COMPANY, Jerry H. Stoller, Micronutrients International, Inc., Matt Recycling Company, Defendants.
STOLLER CHEMICAL COMPANY, Jerry H. Stoller, Third-Party-Plaintiffs,
v.
FIREMAN'S FUND INSURANCE COMPANY, The Travelers Indemnity Company of America, American Universal Insurance Company, Great Northern Insurance Company, United States Fire Insurance Company, International Insurance Company, Highlands Insurance Company, Third-Party-Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 13, 1993.
April 13, 1993.
Attorney(s) appearing for the Case
Glen E. Davies and R.L. Knuth of Watkiss & Saperstein, and H. Michael Keller and Jeffrey E. Nelson of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, UT, for appellants/petitioners.
Rex E. Madsen and Jerry D. Fenn of Snow, Christensen & Martineau, Salt Lake City, UT, Karen L. Bizzini and Rhonda H. Mehlman of Shapiro, Posell & Close, Los Angeles, CA, for appellee/petitioner Highlands Ins. Co.
Mark J. Williams of Hanson, Epperson & Smith, Salt Lake City, UT, Daniel A. Bertoldus and Lawrence A. Levy of Rivkin, Radler & Kremer, Uniondale, NY, for appellee/respondent Fireman's Fund Ins. Co.
Michael M. Later and John M. Burke of Kimball, Parr, Waddoups, Brown & Gee, Salt Lake City, UT, for appellee/respondent Travelers Indem. Co.
John M. Chipman and Linda L.W. Roth of Hanson, Nelson, Chipman & Quigley, Salt Lake City, UT, for appellee/respondent American Universal Ins. Co.
Robert L. Stevens of Richards, Brandt, Miller & Nelson, Salt Lake City, UT, for appellees/respondents U.S. Fire Ins. Co. and Intern. Ins. Co.
Thomas W. Brunner, Daniel E. Troy, and Stephen P. Keim of Wiley, Rein & Fielding for amicus curiae Insurance Environmental Litigation Ass'n.
Before EBEL, HOLLOWAY, Circuit Judges and COOK, Senior District Judge.
United States Court of Appeals, Tenth Circuit.
H. DALE COOK, Senior District Judge, Sitting by Designation.
This action arose out of Arco, Inc.'s ("Arco")1 claim against Appellees-Respondents, Stoller Chemical Company, Inc. and Jerry H. Stoller (collectively "Stoller") for indemnification for costs and expenses incurred and to be incurred by Arco in complying with an environmental clean-up order issued by the Environmental Protection Agency.
In 1974 Stoller acquired the stock...
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