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April 2002 through September 2004.  These overstatements were included in the offering memorandum issued in August 2004, the registration statement filed on January 27, 2005, and in quarterly, annual, and current reports filed with the Commission, as described in Paragraphs 3, 24, 49-51, 53, 55-61.  

83.C&A, Stockman, and Galante, acting knowingly or recklessly, violated  Section 10(b) and Rule 10b-5 connection with the press release of March 17, 2005, as described in Paragraphs 55-61.

84.C&A, Stockman, and Cosgrove, acting knowingly or recklessly, violated Section 10(b) and Rule 10b-5 in connection with the earnings call of March 17, 2005, as described in Paragraphs 62-66.  

85.C&A and Stockman, acting knowingly or recklessly, violated Section 10(b) and Rule 10b-5 during the bond presentation on March 23, 2005, as described in Paragraph 66.  

86.C&A, Stockman, Galante, and Williams, acting knowingly or recklessly, violated Section 10(b) and Rule 10b-5 in connection with press release of April 4, 2005, as described in Paragraphs 68-72.

87.Unless restrained, C&A, Stockman, Stepp, Jones, Cosgrove, McCallum, Barnaba, Gougherty, Galante, and Williams will continue to violate Section 10(b) and Rule 10b-5.

THIRD CLAIM FOR RELIEF

Aiding and Abetting Violations of Section 10(b) of the Exchange Act

and Exchange Act Rule 10b-5

(Jones, Barnaba, Gougherty, and Williams)

88.Paragraphs 1-72 are incorporated herein with the same force and

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