Blaine B. Chase, C. Alan Hackstaff and Robert Hackstaff v. The Dow Chemical Company, a Delaware Corporation

SETH, Circuit Judge.

Plaintiffs brought this diversity action to recover damages allegedly caused by defendant Dow Chemical Company’s product, Sarabond, to the exterior masonry walls of plaintiffs’ three-story office building. Dow moved for summary judgment, citing a 1981 Release and Indemnification Agreement executed between it and plaintiffs, wherein Dow paid plaintiffs $30,000 to resolve a dispute over cracking in the brick piers supporting the canopy over the front door of plaintiffs’ building. By the terms of this release, plaintiffs agreed to give up “any and all claims, demands, and…