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U.S. v. ZAGARI

Nos. 599, 627, Dockets 96-1120(L), 96-1121, 96-1155.

111 F.3d 307 (1997)

UNITED STATES of America, Appellee, v. John J. ZAGARI; Pasquale "Pat" Maselli, aka Pat; Frank Salerno; Frank Trapani, aka Harpo; Angelo J. DiPalo, aka Shorty; Peter Del Cioppo, aka Petey Del; George Merusi; James A. Rogan, aka Jimmy; Raymond E. Ryder; David Zanolini; Morton Wagner, aka Morty, Defendants, Donald Herzog; Alfred Christiansen; Charles Shay, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 17, 1997.

Attorney(s) appearing for the Case

Judd Burstein, New York City (Marc Fernich, Burstein & Fass L.L.P., of counsel), for Defendant-Appellant Herzog.

Richard D. Willstatter, White Plains (Green & Willstatter, of counsel), for Defendant-Appellant Shay.

Anthony J. Siano, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney, Guy Petrillo, Assistant United States Attorney, of counsel), for Appellee.

Before OAKES, ALTIMARI and PARKER, Circuit Judges.

OAKES, Senior Circuit Judge:

The strictures of environmental law lie at the base of this involved criminal appeal; avoiding these strictures, with high profits forthcoming, resulted in the charges brought against the Appellants. Donald Herzog and Charles Shay appeal from judgments of conviction entered respectively on February 20 and 28, 1996, in the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, following a fifteen...

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