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IN RE ACCESS CARDIOSYSTEMS, INC.

No. 14-1276.

776 F.3d 30 (2015)

In re ACCESS CARDIOSYSTEMS, INC., Debtor. Randall Fincke, Appellant, v. Access Cardiosystems, Inc.; John J. Moriarty; Richard F. Connolly, Jr.; Joseph R. Zimmel; North American Enterprises, Inc.; John Moriarty and Associates, Appellees.

United States Court of Appeals, First Circuit.

January 13, 2015.

Attorney(s) appearing for the Case

John J.E. Markham, II , with whom Markham & Read was on brief, for appellant.

Barry C. Klickstein , with whom Sara A. Colb and Day Pitney LLP were on brief, for appellees.

Before LYNCH, Chief Judge, HOWARD and BARRON, Circuit Judges.

This appeal concerns the construction and application of a section of the Massachusetts Uniform Securities Act, Mass. Gen. Laws ch. 110A, § 410(a)(2), both as to the materiality of a misrepresentation and as to when an offer or sale has been made "by means of" such a misrepresentation. There is surprisingly little case law...

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