Viad Corp v. United States Steel Corporation

Branch, Judge.

*609 From 1908 to 1937, the predecessors of appellant Viad Corp produced sulfuric acid and a waste product known as "pyrite cinders," which are mostly iron oxide but also contain lead and arsenic, at a 25-acre plant in Albany, Georgia. In April 1968, Viad's predecessors agreed to sell the property to U. S. Steel (in a "Sale Contract"), with the sale memorialized on June 29, 1968 (in an "Assumption Agreement"). Under the reciprocal indemnification provisions of the Assumption Agreement, Viad's predecessors agreed to indemnify U.S. Steel's predecessor for liabilities "result[ing] from…