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IN RE ACCESS CARDIOSYSTEMS, INC.

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

404 B.R. 593 (2009)

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, Central Division.

April 17, 2009.

Attorney(s) appearing for the Case

Anthony J. Fitzpatrick, Jeffrey D. Sternklar, Duane Morris LLP, Boston, MA, Jerry E. Benezra, Melrose, MA, for Plaintiffs.

David G. Sobol, Diane N. Rallis, Ieuan G. Mahony, John J. Monaghan, Holland & Knight, LLP, Boston, MA, for Defendant.

Christian J. Urbano, Hanify & King, P.C., Jesse I. Redlener, Proskauer Rose LLP, Boston, MA, for Plaintiffs-Intervenors.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court, after trial on the question of liability only,2 is the "Third Amended Complaint" (the "Complaint") filed by Access Cardiosystems, Inc. ("Access"), four of its individual investors (the "Investors"), and the corporate entities through which several of those investments were made (together, the "Plaintiffs") against Randall Fincke, former Access shareholder...

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