United States Fifth Circuit

Language of a bankruptcy lender agreement did not create an implied indemnity by a current refinery owner in favor of a former owner, and a provision therein allocates only post-foreclosure environmental liability to the current owner, consistent with the terms of a Texas Water Commission order.

Appellate Information

• Decided 08/22/2002
• Published 08/22/2002

Judges

• EMILIO M. GARZA, Circuit Judge:, Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Cathy L. Reece (argued), James J. Trimble, Fennemore & Craig, Phoenix, AZ, for TRMI Holdings, Inc.


• For Appellees:
  
• Gregory Mark Gordon (argued), Daniel Paul Winikka, Jones, Day, Reavis & Pogue, Dallas, TX, for Appellee.