SASSO v. CERVONI

No. 640, Docket 91-7808.

985 F.2d 49 (1993)

Robert SASSO and Theodore King, as Trustees of Local 282 International Brotherhood of Teamsters Welfare, Pension and Annuity Trust Funds, Plaintiffs-Appellees, v. Salvatore CERVONI, Defendant-Appellant. Key Way Concrete Supply Corp., Defendant.

United States Court of Appeals, Second Circuit.

Decided January 25, 1993.


Attorney(s) appearing for the Case

Robert M. Ziskin, Commack, submitted papers for defendant-appellant Cervoni and defendant Key Way Concrete Supply Corp.

Avram H. Schreiber, New York City, submitted papers for plaintiffs-appellees Sasso and King.

Before: FEINBERG, NEWMAN, and CARDAMONE, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This appeal requires decision as to the circumstances under which a corporate officer is personally liable for employee trust fund contributions that should have been made by his corporation as required by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461 (1988). The issue arises on an appeal by Salvatore Cervoni, the sole officer, director, and shareholder...

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