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ADVANCED SURGICAL TECH. v. AUTOMATED INSTRUMENTS

No. 84-5422.

777 F.2d 1504 (1985)

ADVANCED SURGICAL TECHNOLOGIES, INC., a Delaware corporation, Plaintiff-Appellant/Cross-Appellee, v. AUTOMATED INSTRUMENTS, INC., now known as Integrated Devices, Inc., a Florida corporation and Sheldon Berkowitz, Defendants-Appellees/Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 12, 1985.

Attorney(s) appearing for the Case

Pryor, Cashman, Sherman & Flynn, New York City, Lewis N. Brown, Gilbride, Heller & Brown, P.A., Miami, Fla., Gideon Cashman, New York City, for plaintiff-appellant/cross-appellee.

Jerome Shevin, Sparber, Shevin, Rosen, Shapo & Heilbronner, Marsha C. Rosen, Miami, Fla., for defendants-appellees/cross-appellant.

Before TJOFLAT and HENDERSON, Circuit Judges, and NICHOLS, Senior Circuit Judge.

PER CURIAM:

This appeal concerns the district court's finding of theft as defined by Fla.Stat. § 812.014 (1983) and trebling of damages pursuant to Fla.Stat. § 812.035(7) (Supp.1984). We hold that the statutory scheme in question does not contemplate raising an ordinary breach of contract, which is what occurred in this case, to the level of theft and that therefore treble damages were inappropriately awarded.

I.

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