USG Corp. v. Brown

MEMORANDUM AND ORDER

MORAN, Chief Judge.

In this diversity case, plaintiffs USG Corporation and USG Interiors, Inc. (USG) seek indemnification from defendants (Brown), pursuant to a merger agreement, for costs incurred as a result of alleged violations of environmental laws and regulations prior to the merger date. Before us now is USG’s motion for summary judgment on the issue of liability under Article 4(d) of the indemnity agreement. For the reasons below, we grant in part and deny in part USG’s motion for summary judgment.

BACKGROUND 1

Prior to February 25, 1986, defendants owned D.A.B.…