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L. Winer shall file an affidavit with this Court
affirming that said letters have been sent.
In the letter from Winer, described in the above-mentioned
exhibit A, Winer tendered his resignation as TMP of listed
partnerships, including Davenport, and provided the name and
address of a new TMP for each listed partnership. DL &
Associates, Ltd. (DL & Associates), of Southfield, Michigan, was
identified in the letter from Winer as the successor TMP for
Davenport. In the required letter, Winer explained that he was
complying with the requirements of the injunction without
admitting or denying the allegations in the complaint.4 The
District Court did not order Winer to resign as general partner
from any of the partnerships.
The Permanent Injunction did not enjoin Winer from providing
correct factual information to the new TMP's for the partnerships
or from providing such information in response to a court order,
4 The first paragraph of the letter stated as follows:
This letter is to advise you that effective _____,
1986, the undersigned individually and on behalf of
Winer Development Corporation, entered into a Consent
and agreed to a Final Judgment of Permanent Injunction,
without admitting or denying any of the allegations in
the Complaint, with respect to the pending action by
the United States government for an injunction against
the undersigned and Winer Development Corporation with
respect to the Stevens Recycling Associates Partnership
and other similar partnerships, including the
partnership in which you are a limited partner.
The conclusion of the letter provided the names and phone numbers
of Samuel L. Winer's attorneys, Elliot Miller and Ronald
Fieldstone, and stated that they were available to answer any
questions concerning the matters described in the letter.
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