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GRANITE STATE INS. v. SMART MODULAR TECH.

No. 94-16078.

76 F.3d 1023 (1996)

GRANITE STATE INSURANCE COMPANY, Plaintiff-Appellant, v. SMART MODULAR TECHNOLOGIES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 14, 1996.

Attorney(s) appearing for the Case

David C. Phillips, Goldstein & Phillips, San Francisco, California, for plaintiff-appellant.

James M. Wagstaffe, Cooper, White & Cooper, San Francisco, California, and Joseph Kouri, Bononi & Kouri, Palo Alto, California, for defendant-appellee.

Before: WALLACE and THOMPSON, Circuit Judges, and SEDWICK, District Judge.

DAVID R. THOMPSON, Circuit Judge:

Smart Modular Technologies, Inc. (SMT) and Samsung Semiconductor Inc. (Samsung) entered into an agreement for SMT to build Single Inline Memory Modules (SIMM boards) for Samsung. A component of the SIMM board was a dynamic random access memory chip (DRAM). Samsung owned the DRAMs and delivered them to SMT for SMT to use in building the boards. Samsung retained title to the DRAMs while they were in SMT's possession.

The present...

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