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McDOUGALL v. PIONEER RANCH LTD. PARTNERSHIP

No. 06-3757.

494 F.3d 571 (2007)

Howard McDOUGALL and Central States, Southeast and Southwest Areas Pension Fund, Plaintiffs-Appellees, v. PIONEER RANCH LIMITED PARTNERSHIP and Robert S. Whiting, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 2007.

Attorney(s) appearing for the Case

John J. Franczyk, Jr., Central States, Southeast & Southwest Areas Pension Fund, Timothy C. Reuter (argued), Central States Law Dept., Rosemont, IL, for Plaintiffs-Appellees.

Scott G. Graham (argued), Howard & Howard, Kalamazoo, MI, for Defendants-Appellants.

Before BAUER, CUDAHY, and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Elaine and Robert Whiting owned Pioneer Ranch Limited Partnership, a vacation property on which they farmed and raised cattle. The Whitings also owned a trucking company, which, after several years of operation, became bankrupt and ceased doing business. The Central States, Southeast and Southwest Areas Pension Fund ("the Fund"), a multi-employer pension fund, assessed substantial withdrawal liability on the trucking company, but could not collect...

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