Gencorp, Inc., Plaintiff-Appellant/cross-Appellee v. Olin Corporation, Defendant-Appellee/cross-Appellant

OPINION

SUTTON, Circuit Judge.

In the 1960s, GenCorp, Inc. and Olin Corporation began a business relationship that defies easy categorization. By agreement of the parties, Olin built a manufacturing plant with GenCorp’s assistance that for more than a decade supplied Gen-Corp with a chemical used to produce urethane foam. The manufacturing plant also produced hazardous waste. Plant operators hauled the waste to an offsite landfill, which eventually landed on the EPA’s National Priority List of hazardous waste facilities and which generated clean-up costs of more than $65 million.

Olin sued…