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IN RE ACCESS CARDIOSYSTEMS, INC.

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

438 B.R. 16 (2010)

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. Zimmel, Plaintiffs, Official Committee of Unsecured Creditors of Access Cardiosystems, Inc., Plaintiffs-Intervenors, v. Randall Fincke, Defendant.

United States Bankruptcy Court, D. Massachusetts, Central Division.

October 14, 2010.

Attorney(s) appearing for the Case

Kara Zaleskas, Duane Morris LLP, Boston, MA, for Debtor.

Jeffrey D. Sternklar, Duane Morris LLP, Boston, MA, for Debtor/Plaintiffs.

Anthony J. Fitzpatrick, Duane Morris LLP, Barry C. Klickstein, Day Pitney LLP, Boston, MA, for Plaintiffs.

John J.E. Markham, II, Markham & Read, Boston, MA, for Defendant.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a motion for summary judgment (the "Summary Judgment Motion") 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").2 Through their motion, the Plaintiffs seek an award of damages based on this Court...

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