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CONNORS v. INCOAL, INC.

No. 92-7023.

995 F.2d 245 (1993)

Joseph P. CONNORS, Sr., et al., Appellants, v. INCOAL, INC., a/k/a Incoal Coal Co., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 1993.

Attorney(s) appearing for the Case

Kathleen M. Dowd, Washington, DC, argued the cause for appellants. With her on the briefs were David W. Allen, Margaret M. Topps and Corina M. Trainer, Washington, DC.

John R. Woodrum, Washington, DC, argued the cause for appellees. With him on the brief were Lynn M. Rausch and Kenneth G. Robbett, Washington, DC.

Carol Connor Flowe, General Counsel, Pension Benefit Guar. Corp., Jeffrey B. Cohen, Deputy General Counsel and Paula J. Connelly, Senior Counsel, Washington, DC, filed a brief for amicus curiae Pension Benefit Guar. Corp.

Before: EDWARDS, RUTH B. GINSBURG and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

Opinion concurring in the judgment filed by Circuit Judge SILBERMAN.

HARRY T. EDWARDS, Circuit Judge:

The issue in this case is whether a partnership known as Double A Farms is liable for payments to pension plans under the Employee Retirement Income Security Act of 1974 ("ERISA"). Specifically, the parties dispute whether Double A Farms, which the appellees own, is a "trade or business" under section...

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