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U.S. v. SHELLEF

Docket Nos. 06-1495-cr(L), 06-1710-cr(CON).

507 F.3d 82 (2007)

UNITED STATES of America, Appellee, v. Dov SHELLEF and William Rubenstein, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 8, 2007.

Attorney(s) appearing for the Case

Andrew L. Frey, Mayer Brown LLP (Andrew H. Schapiro, Daniel B. Kirschner, Mayer Brown LLP, Stuart E. Abrams, Frankel & Abrams, of counsel), New York, NY, for Defendant-Appellant Dov Shellef.

Alan L. Zegas, Law Offices of Alan L. Zegas, Chatham, NJ (William Nossen, Law Offices of Alan L. Zegas, Chatham, NJ, and, Robert W. Gluck, Mandelbaum, Salsburg, Gold, Lazris & Discenza, P.C., New Brunswick, NJ, of counsel), for Defendant-Appellant William Rubenstein.

S. Robert Lyons, Tax Division, Department of Justice, Washington, D.C., (Eileen J. O'Connor, Assistant Attorney General, Alan Hechtkopf, Karen M. Quesnel, Tax Division, Department of Justice, Washington, D.C., and Roslynn Mauskopf, United States Attorney for the Eastern District of New York, New York, NY, of counsel), for Appellee.

Before: POOLER, SACK, and WESLEY, Circuit Judges.

SACK, Circuit Judge:

The defendant Dov Shellef owned or operated several companies engaged in the distribution of industrial chemicals. The defendant William Rubenstein owned or operated Dunbar Sales, Inc., and Stevens Industries, Inc., which also distributed industrial chemicals and provided warehousing, packaging, labeling, and billing services to other distributors. The chemical at issue in this case-CFC-113-is exempt from excise taxes if its sale comports with...

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