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SEMI-MATERIALS CO. v. MEMC ELECTRONIC MATERIALS

Nos. 10-1324, 10-1626.

655 F.3d 829 (2011)

SEMI-MATERIALS CO., LTD.; SMC Shanghai, Appellants, v. MEMC ELECTRONIC MATERIALS, INC.; MEMC Pasadena, Inc., Appellees. Semi-Materials Co., Ltd.; SMC Shanghai, Cross-Appellees, v. MEMC Electronic Materials, Inc., Defendant, MEMC Pasadena, Inc., Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2011.

Attorney(s) appearing for the Case

Gregory P. Hansel , argued, Portland, ME, Hardy Charles Menees , St. Louis, MO, JoAnn Trogg , St. Louis, MO, Randall B. Weill , Portland, ME, Joshua R. Carver , Portland, ME, Jonathan G. Mermin , Portland, ME, on the brief, for appellant/cross appellee.

Brian C. Walsh , argued, Mark Leadlove , Ameer Gado , on the brief, St. Louis, MO, for appellee/cross appellant.

Before RILEY, Chief Judge, BENTON and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Polysilicon producer MEMC Electronic Materials, Inc. and MEMC Pasadena, Inc. (together "MEMC") entered into exclusive sales representation agreements with Semi-Materials Company and SMC Shanghai (together "Semi-Materials"). Under these agreements, Semi-Materials was to serve as the sales representative for MEMC in China and Korea. Semi-Materials brought suit against MEMC, claiming it was entitled to certain commissions. The district court...

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