- 42 - Partnership." Winer had agreed to the filing of the petition, e.g., in Davenport Recycling and knew that the caption of the case identified him as the TMP. During his testimony at the evidentiary hearing, Lichtenstein was unable to recall whether he or DL & Associates had received notices of FPAA regarding Davenport. However, respondent's records indicate that the notices of FPAA were issued by certified mail to DL & Associates on May 15, 1989. Lichtenstein never filed a petition in the case involving Davenport. In preparation for trial in the Davenport Recycling case, respondent conducted discovery, to which Gordon and Hack responded. Respondent's primary interest during discovery was in records relating to the placement and production of the Sentinel EPS recyclers and "correspondence to and from the general partner and tax matters partner, Samuel L. Winer." During the course of discovery, none of the discovery responses from Gordon and Hack contained any information regarding any section 7408 injunction proceedings involving Winer. During the period of preparation for trial in the Davenport Recycling case, respondent prevailed on the merits in test litigation with respect to the Plastics Recycling issues. The case of Harold M. Provizer and Joan Provizer, docket No. 27141- 86, was chosen as a test case and ultimately was the only testPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011