Anaconda Minerals Co. v. Stoller Chemical Co.

H. DALE COOK, Senior District Judge, Sitting by Designation.

This action arose out of Arco, Inc.’s (“Arco”)1 claim against Appellees-Respon-dents, 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 of the Micronutrients International, Inc. (“MU”) plant and became responsible for operating it. The Mil plant manufactured micronu-trient fertilizer additives. It…