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CENTRAL STATES v. FULKERSON

No. 00-2596

238 F.3d 891 (2001)

Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall, trustee, Plaintiffs-Appellees, v. Thomas C. Fulkerson and Dolly S. Fulkerson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 2001

Attorney(s) appearing for the Case

Robert A. Coco, Central States, Southeast & Southwest Area Pension fund, Rosemont, IL, John J. Franczyk, Jr. (argued), Central States, Southeast & Southwest Areas Pension Fund, Law Department, Des Plaines, IL, for Plaintiffs-Appellees.

Frederic R. Klein (argued), Deborah R. Hogan, Goldberg, Kohn, Bel, Black, Rosenbloom & Moritz, Chicago, IL, for Defendants-Appellants.

Before FLAUM, Chief Judge, and BAUER and COFFEY, Circuit Judges.

FLAUM, Chief Judge.

Defendants Thomas and Dolly Fulkerson appeal the district court's grant of summary judgment to plaintiff Central States on its claim for withdrawal liability. The Fulkersons argue that the district court erred in determining that their activities met the statutory requirements for liability. For the reasons stated herein, we reverse and remand.

I. Background

Thomas ("Tom") and Dolly are husband and wife. They are the only shareholders...

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