I. The Zwirn Respondents Cannot Be Liable For Breach Of Contract
The October Disclosures Were Consistent With Fiduciary Duties
The Zwim Respondents Did Not Breach Any Fiduciary Duties
Morgan Stanley Leveraged Equity Fund II
Davidson Kempner Partners
Highbridge/Zwim Capital Management
Special Opportunities Group
The Zwim Respondents Cannot Be Liable For Promissory Estoppel
Investments in the Fund 7
E. Accounting Improprieties
Raskin v. Birmingham Steel Corp.