Dana Corp. v. Fireman's Fund Ins. Co.

Order

CARR, District Judge.

These are lawsuits relating to a provision in a stock purchase agreement dated February 18, 1969, whereby the Dana Cor poration sold its stock in a wholly owned subsidiary, Smith & Kanzler Company, to the Philip Carey Corporation. Both Smith & Kanzler Company and Philip Carey manufactured asbestos containing products. In the provision of the stock purchase agreement at issue, Dana agreed

to reimburse and indemnify [Philip Carey] against and in respect of: ... all obligations and liabilities of [Smith & Kanzler Company] whether accrued, fixed, contingent or otherwise,…