United States v. Ralph L. Lowe, and Ralph L. Lowe, Cross-Plaintiff/appellant v. Joc Oil Exploration Company, Inc., Cross-Defendant/appellee

RHESA HAWKINS BARKSDALE, Circuit Judge.

This review of a summary judgment concerns the determinative factors for whether a corporation is required by its bylaw (indemnity, under certain conditions, for officers and directors sued “by reason of’ their corporate status) to indemnify an officer/director, Ralph L. Lowe, for his individual liability incurred under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (CERCLA). Apparently because CERCLA permits personal liability to be imposed against an officer or director, the district court held that…