Jones-Hamilton Co., a California Corporation v. Beazer Materials & Services, Inc. Kop-Coat, Inc., a Pennsylvania Corporation Koppers Company, Inc.

ORDER

The opinion filed on March 12, 1992, is amended as follows:

Slip opinion at 2528: In Part II.A., at the end of the first full paragraph, add the following footnote:

With the above amendment, the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for en banc rehearing, and no judge of the court has requested a vote on the suggestion for rehearing en banc.

The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.

Jones-Hamilton Co. (“J-H”) appeals the district court’s grant of summary judgment in favor of Beazer Materials & Services, Inc. (“Beazer”) and denial of J-H’s own motion for partial summary judgment. The district court found that J-H was obligated to indemnify Beazer for any liability Beazer incurred from environmental cleanup orders issued to J-H, and that this obligation barred J-H’s action against Beazer for contribution under CERCLA.

We affirm in part and reverse in part.

BACKGROUND

In 1970, J-H, a contract chemical formulator, entered into a formulation agreement (the “Agreement”) with Wood Treating Chemicals Co.…