· 8/24/1992
Jones-Hamilton Co., a California Corporation v. Beazer Materials & Services, Inc. Kop-Coat, Inc., a Pennsylvania Corporation Koppers Company, Inc.
Citations
- 973 F.2d 688
- 92 Cal. Daily Op. Serv. 7232
- 92 Daily Journal DAR 11683
- 1992 U.S. App. LEXIS 19401
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a prior panel’s “interpretation of California law is binding in the absence of any subsequent indication from the California courts that our interpretation was incorrect” (internal quotation marks omitted)
- noting that a prior panel's \interpretation of California law is `binding in the absence of any subsequent indication from the California courts that our interpretation was incorrect' \ (emphasis added) (quoting Owen v. United States, 713 F.2d 1461, 1464 (9th Cir. 1983))
- explaining exception under which the court may exercise its discretion to review a denial of summary judgment, which ordinarily is not appealable
- using California law to construe an indemnity agreement in connection with CERCLA liabilities
- inherent generation of hazardous waste, in combination with ownership of the hazardous substances, sufficient to impose arranger liability
- CERCLA does not impinge on freedom of private parties to contract amongst themselves
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Fletcher, Brunetti
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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