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BOSTON CHILDREN'S HEART v. NADAL-GINARD

Nos. 95-1053, 95-1136.

73 F.3d 429 (1996)

BOSTON CHILDREN'S HEART FOUNDATION, INC., Plaintiff-Appellee, v. Bernardo NADAL-GINARD, Defendant-Appellant. BOSTON CHILDREN'S HEART FOUNDATION, INC., Plaintiff-Appellant, v. Bernardo NADAL-GINARD, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided January 12, 1996.

Attorney(s) appearing for the Case

Laura Steinberg, with whom Cynthia M. Clarke, Katherine J. Ross, Lisa F. Sherman and Sullivan & Worcester, Boston, MA, were on brief, for Bernardo Nadal-Ginard.

Alexander H. Pratt, Jr., with whom Paul R. Devin, James H. Belanger, Robin E. Folsom, William M. Cowan and Peabody & Arnold, Boston, MA, were on brief, for Boston Children's Heart Foundation, Inc.

Before SELYA and BOUDIN, Circuit Judges, and LISI, District Judge.

MARY M. LISI, District Judge.

I. INTRODUCTION

These appeals present us with the classic tale of a corporate officer who, when caught using corporate funds for personal gain, resists making amends for his misdeeds. In this instance, Dr. Bernardo Nadal-Ginard was alleged to have misappropriated the funds of the corporation of which he had served as both an officer and director, the Boston Children's Heart Foundation ("BCHF"). Following an eighteen-day bench...

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