Marathon E.G. Holding Ltd. v. CMS Enterprises Co.

FELDMAN, District Judge:

This litigation seeks to resolve a dispute concerning the scope of a contractual tax indemnity obligation. Appellants, Marathon E.G. Holding Limited and Marathon E.G. Production Limited (collectively, “Marathon”) appeal the district court’s grant of summary judgment in favor of appellee, CMS Enterprises Company. Marathon sued CMS for breach of contract arising out of CMS’s refusal to indemnify Marathon for its payments to the Republic of Equatorial Guinea of: (1) $2,750,000 to in settlement of tax audits; and (2) $184,394.10 in withholding taxes. Marathon contends that…