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Central States v. Fulkerson

Multiemployer Pension Plan Amendments Act precludes considering passive holding of property in determining whether activity rises to level of trade or business; thus, fact that individual employers held passive leases on business properties for ten years was not relevant in determining whether properties were related "trade or business" liable for pension withdrawals.

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The full case caption appears at the end of this opinion.

Flaum, Chief Judge. Defendants Thomas and DollyFulkerson appeal the district court’s grant ofsummary judgment to plaintiff Central States onits claim for withdrawal liability. TheFulkersons argue that the district court erred indetermining that their activities met thestatutory requirements for liability. For thereasons stated herein, we reverse and remand.

I. Background

Thomas (“Tom”) and Dolly are husband and wife.They are the only shareholders of Holmes FreightLines, Inc. (“Holmes”), a trucking company thatis now in bankruptcy. Tom is the President ofHolmes and owns 68% of its stock, while Dolly isa 32% owner and is the Vice-President, Secretary,and a member of the Board of Directors, thoughthe defendants claim she has never been active inrunning Holmes.

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