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IN RE ACCESS CARDIOSYSTEMS, INC.

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

460 B.R. 67 (2011)

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, 2011.

Attorney(s) appearing for the Case

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

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

Jesse I. Redlener , Proskauer Rose LLP, Boston, MA, for Debtor.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

The matter at hand requires this Court to visit, once again, the protracted contest between Access Cardiosystems, Inc. ("Access"), together with certain of Access's individual investors (the "Investors"), and Access's founder and former shareholder, officer, and director, Randall Fincke. Through their complaint, as amended (the "Complaint"), Access and the Investors sought damages for, inter...

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