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CONTINENTAL HOLDINGS, INC. v. CROWN HOLDINGS INC.

No. 11-2203.

672 F.3d 567 (2012)

CONTINENTAL HOLDINGS, INC., Successor, Continental Can Company, Inc., Plaintiff-Appellant, v. CROWN HOLDINGS INCORPORATED; Crown Cork & Seal Company; Crown Beverage Packaging, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 5, 2012.

Attorney(s) appearing for the Case

Joseph Edward Jones , argued, Michael Leo Schleich and Elizabeth A. Culhane , on the brief, Omaha, NE, for appellant.

Victoria H. Buter , argued, Thomas Harlan Dahlk , on the brief, Omaha, NE, for appellees.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

Continental Holdings, Inc. ("Continental") sold its food and beverage metal can and can-end technology business to Crown Holdings, Inc. ("Crown") via a stock purchase agreement ("SPA") in March 1990. The parties disputed the extent of each other's resultant liabilities, as defined by section 10.3(a)(iv) of the SPA—the indemnity provision—in concurrent binding arbitration and judicial proceedings. After the arbitrator issued a decision...

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