Hamilton Materials v. Union Carbide Corp.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HAMILTON MATERIALS INC., a  California corporation, Plaintiff-counter-defendant- Appellant, v. DOW CHEMICAL CORPORATION, a Delaware corporation e/s/a DOW CHEMICAL COMPANY; KCAC INC., a No. 05-55976 California corporation; HARCROS CHEMICALS INC., individually and as Successor in Interest to  D.C. No.

CV-04-08389-FMC

HARRISONS and CROSFIELD (Pacific OPINION Inc.); BENSON CHEMICAL

CORPORATION; JOHN L. MYERS,

individually, Defendants-Appellees, UNION CARBIDE CORPORATION, a New York corporation, Defendant-counter-claimant- Appellee.  Appeal from the United States District Court for the Central District of California Florence-Marie Cooper, District Judge, Presiding

Argued and Submitted April 19, 2007—Pasadena, California

Filed July 23, 2007

8911 8912 HAMILTON MATERIALS v. UNION CARBIDE Before: Jerome Farris and Ronald M. Gould, Circuit Judges, and Kevin Thomas Duffy,* District Judge.

Opinion by Judge Duffy

*The Honorable Kevin Thomas Duffy, Senior Judge, United States District Court for the Southern District of New York, sitting by designa- tion. 8914…