SCARBROUGH v. PEREZ

No. 87-5511.

870 F.2d 1079 (1989)

Carl SCARBROUGH, As Trustee and Chairman of the Boards of Trustees of United Furniture Workers Pension Fund A and the United Furniture Workers Insurance Fund, on behalf of United Furniture Workers Pension Fund A and the United Furniture Workers Insurance Fund, Plaintiff-Appellant, v. Peter PEREZ, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 22, 1989.


Attorney(s) appearing for the Case

Deborah E. Godwin, Gerber, Gerber and Agee, Memphis, Tenn., James F. Gill (argued), Andrew Irving, New York City, for plaintiff-appellant.

William I. Kohn, South Bend, Ind., Ernest J. Szarwark (argued), Lynn C. Tyler, for defendant-appellee.

Before NELSON and NORRIS, Circuit Judges, and MARKEY, Chief Judge.


DAVID A. NELSON, Circuit Judge.

This is an appeal from a summary judgment entered in favor of an individual defendant in an action brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, as amended by the Multi-Employer Pension Plan Amendments Act of 1980. The main question presented is whether the statutory language made the chief executive officer and indirect owner of a closely held corporation answerable personally...

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