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DeBRECENI v. GRAF BROS. LEASING, INC.

No. 87-1198.

828 F.2d 877 (1987)

Helen DeBRECENI, etc., Plaintiff, Appellant, v. GRAF BROTHERS LEASING, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 18, 1987.

Attorney(s) appearing for the Case

James T. Grady with whom Gabriel O. Dumont, Jr., and Grady, Dumont & Dwyer, Boston, Mass., were on brief, for plaintiff, appellant.

Michael B. Roitman with whom Jennifer W. Catlin and Fine & Ambrogne, Boston, Mass., were on brief, for defendants, appellees.

Robert D. City and Robert J. Owens Associates, P.C., Boston, Mass., on brief, for Arthur W. Heidke & Sons, Inc., amicus curiae.

Before BOWNES, TORRUELLA and SELYA, Circuit Judges.

TORRUELLA, Circuit Judge.

This case presents the question whether a corporate shareholder or officer may be held personally liable for the withdrawal liability mandated by Title IV of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1381 et seq., by the application of an "economic reality" test similar to that used in cases decided under the Fair Labor Standards Act, 29 U.S.C. § 206, see Donovan v. Agnew,

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