Continental Holdings, Inc. v. Crown Holdings Incorporated

Filing 65

AMENDMENT TO ORDER AND JUDGMENT upon remand from the United States Court of Appeals for the Eighth Circuit 61 . The Court's memorandum opinion (Filing No. 55 ) and accompanying order and judgment (Filing No. 56 ) are amended to clarify p laintiff's indemnity responsibilities promised to defendant pursuant to Section 10.3(a)(iii) of the stock purchase agreement ("SPA"). Accordingly, IT IS ORDERED that "the 50% indemnity provision [of Section 10.3(a)(iii) of the SPA] only applies to environmental liabilities pursuant to Schedule 3.16, as agreed to by the parties." Ordered by Senior Judge Lyle E. Strom. (TEL)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
CONTINENTAL HOLDINGS, INC.,
successor to CONTINENTAL CAN
COMPANY, INC.,

)
)
)
)
Plaintiff,
)
)
v.
)
)
CROWN HOLDINGS INCORPORATED, )
CROWN CORK & SEAL COMPANY,
)
INC., and CROWN BEVERAGE
)
PACKAGING, INC.,
)
)
Defendants.
)
______________________________)

8:09CV362

AMENDMENT TO ORDER
AND JUDGMENT

This matter is before the Court upon remand from the
United States Court of Appeals for the Eighth Circuit (Filing No.
61).

Pursuant to said remand, the Court’s memorandum opinion

(Filing No. 55) and accompanying order and judgment (Filing No.
56) are amended to clarify plaintiff’s indemnity responsibilities
promised to defendant pursuant to Section 10.3(a)(iii) of the
stock purchase agreement (“SPA”).

Accordingly,

IT IS ORDERED that “the 50% indemnity provision [of
Section 10.3(a)(iii) of the SPA] only applies to environmental
liabilities pursuant to Schedule 3.16, as agreed to by the
parties.”
DATED this 3rd day of April, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court