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HAMILTON MATERIALS, INC. v. DOW CHEMICAL CORP.

No. 05-55976.

494 F.3d 1203 (2007)

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 California corporation; Harcros Chemicals Inc., individually and as Successor in Interest to Harrisons and Crosfield (Pacific Inc.); Benson Chemical Corporation; John L. Myers, individually, Defendants-Appellees, Union Carbide Corporation, a New York corporation, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2007.

Attorney(s) appearing for the Case

Law Offices of Todd C. Ringstad, Todd C. Ringstad, Esq. for appellant Hamilton Materials, Inc.

Lanier Law Firm, P.C., W. Mark Lanier, Esq., Kevin P. Parker, Esq., Eugene R. Egdorf, Esq. for appellant Hamilton Materials, Inc.

Orrick Herrington & Sutcliffe LLP, Peter A, Bicks, Esq., Edwin V. Woodsome, Jr., Esq., Andrew S. Wong, Esq., Khai LeQuang, Esq. for defendant-appellee Union Carbide Corporation.

Becherer, Kannett & Schweitzer, Anthony Bentivegna, Esq., Mark S. Kannett, Esq., Susan Beneville, Esq. for appellee KCAC, Inc.

William H. Armstrong, Esq., for appellee Harcros Chemicals, Inc.

McDermott Will & Emery LLP, by Chris M. Amantea, Esq., Hany Fangary, Esq., Robert Pryor, Esq. for appellee Harcros Chemicals, Inc.

McKenna Long & Aldridge LLP, by William J. Sayers, Esq., Farah S. Nicol, Esq., Margaret I. Johnson, Esq., for appellee John L. Myers.

Before: JEROME FARRIS and RONALD M. GOULD, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

DUFFY, District Judge:

Hamilton Materials, Inc., a manufacturer of asbestos-based construction products, appeals the district court's order dated February 16, 2005 (the "Order") finding that Appellant knew, or should have known, about its potential claims against Appellees long before the applicable statutes of limitations ran. The Order (i) denied Hamilton's motion to remand this case to state court; (ii) converted Appellees' motions to dismiss to motions for summary...

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