United States Third Circuit

29 CFR 2510.3-3(c)(1) does not exclude owners who were immediate family members from being counted as employees, but only prevents spouses who wholly own a business from being counted as employees, so ERISA may govern a plan involving co-owner family members who are not married.

Appellate Information

• Argued 07/12/2001
• Decided 08/20/2001
• Published 08/20/2001

Judges

• Before:  SLOVITER, ALITO, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• William R. Caroselli (Argued), Caroselli, Beachler, McTiernan & Conboy, Edward C. Leckey, Pittsburgh, PA, Counsel for Appellants.


• For Appellees:
  
• Harry F. Kunselman, David A. Strassburger (Argued), Strassburger, McKenna, Gutnick & Potter, Pittsburgh, PA, Counsel for Appellees.