Harvey Jones and H.G. Frost, Jr., Guardian Ad Litem v. Sun Carriers, Inc.

WOLLMAN, Circuit Judge.

Harvey Jones brought this contract action against Sun Carriers, Inc. (Sun) seeking a declaratory judgment that he is not required to indemnify Sun for the dioxin contamination of the Jones Truck Lines, Inc. (JTL) terminal and that escrowed shares of Sun Company, Inc. stock should therefore be released to him. Sun counterclaimed, alleging that Jones had breached warranties made to Sun when Sun purchased JTL and that the stock should remain in escrow to secure the resulting liabilities in excess of $500,000. The district court 1 granted Jones’ motion for summary judgment…