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MORGAN STANLEY HIGH YIELD SCURITIES, INC. v. SEVEN CIRCLE GAMING CORP.

No. 01 CIV. 7266(RMB)(TH).

269 F.Supp.2d 206 (2003)

MORGAN STANLEY HIGH YIELD SCURITIES, INC., Morgan Stanley Dean Witter High Income Advantage Trust, Morgan Stanley Dean Witter High Income Advantage Trust II, Morgan Stanley Dean Witter High Income Advantage Trust III, Morgan Stanley Variable Investment Series, Morgan Stanley Diversified Income Trust, and Morgan Stanley Select Dimensions Investment Series, Plaintiffs, v. SEVEN CIRCLE GAMING CORPORATION f/k/a Swiss Casinos of America, Inc. Defendant.

United States District Court, S.D. New York.

March 18, 2003.

Attorney(s) appearing for the Case

Jean-Marie Lucien Atamian, Mayer Brown Rowe & Maw, New York, NY.

Richard A. Lafont, Mayer, Brown, Rowe &Maw, New York, NY.

Lisa Ellen Brody, Kleinbard, Bell & Brecker, L.L.P., Philadelphia, PA.

ORDER

BERMAN, District Judge.

I. Background

On March 5, 2002, plaintiffs, who are seven high-yield mutual debt funds (collectively, "Morgan Stanley" or "Plaintiffs"), filed this action against Seven Circle Gaming Corporation, formerly known as Swiss Casinos of America, Inc. ("Defendant" or "Swiss Casinos"). Plaintiffs contend that Defendant breached a Note Purchase Agreement, dated August 1, 2001 ("Agreement"), pursuant to which Defendant...

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