· 8/22/2002
Refinery Holding Co. v. TRMI Holdings, Inc.
Citations
- 302 F.3d 343
- 157 Oil & Gas Rep. 235
- 49 Collier Bankr. Cas. 2d 51
- 33 Envtl. L. Rep. (Envtl. Law Inst.) 20022
- 2002 U.S. App. LEXIS 17414
- 2002 WL 1807043
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding a “chain of indemnification provisions” that could be used to assert a claim against the debtor allowed for “related to” jurisdiction
- noting that if a contract is ambiguous, a fact issue remains regarding the parties’ intent
- finding trial court's judgment was improper, and reversing so as to enjoin use of propertyin violation of covenants runningwith land
- applying Texas law and holding nonparty to contract could not defend against contribution claims for environmental cleanup by relying on contract provision governing allocation of same between parties to contract
- “Moreover, even when a covenant impacts the value of land, it must still affect the owner’s interest in the property or its use in order to be a real covenant.”
- Because Texas had not yet followed the Restatement's adoption of a list of policy considerations to replace the touch-and-concern requirement, the court did not address the policy arguments advanced by the parties.
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Benavides, Stewart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.