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IN RE ACCESS CARDIOSYSTEMS, INC.

Bankruptcy No. 05-40809. Adversary No. 05-4076.

340 B.R. 127 (2006)

In re ACCESS CARDIOSYSTEMS, INC., Debtor. Access Cardiosystems, Inc., North American Enterprises, Inc., John Moriarty and Associates, John J. Moriarty, Richard F. Connolly, Jr., and Joseph R. Zimmell, Plaintiffs, Official Committee of Unsecured Creditors of Access Cardiosystems, Inc., Plaintiffs-Intervenors, v. Randall Fincke, Defendant.

United States Bankruptcy Court, D. Massachusetts.

March 31, 2006.

Attorney(s) appearing for the Case

Jennifer L. Hertz, Jeffrey D. Sternklar, Duane Morris, LLP, Jesse I. Redlener, Christian J. Urbano, Hanify & King, P.C., David G. Sobol, Holland & Knight, LLP, Boston, MA, for Debtor.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before this Court are "Plaintiffs' Motion for Partial Summary Judgment" (the "Plaintiffs' Summary Judgment Motion") and "Defendant Randall Fincke's Motion for Partial Summary Judgment" ("Fincke's Summary Judgment Motion"). Resolution of each motion requires this Court to determine whether the Plaintiffs are entitled to a declaration that Access Cardiosystems, Incorporated owns the rights under...

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