United States Fifth Circuit

To recover for withdrawal liability, an ERISA multiemployer pension plan need not prove that one "partner," who owns a "controlling interest" and exercises "effective control" over a partnership, actually satisfies all of the state law requirements to be a partner in such partnership.

Appellate Information

• Decided 11/01/2000
• Published 11/01/2000

Judges

• WIENER, Circuit Judge., Before HIGGINBOTHAM, WIENER and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• J. David Forsyth, Sessions & Fishman, New Orleans, LA, for Central States, Southeast and Southwest Areas Health and Welfare Fund and Southeast and Southwest Areas Pension Fund.


• For Appellees:
  
• David A. Sawyer (argued), David Machnacki, Birmingham, MI, for Plaintiffs-Appellants-Cross-Appellees., Robert Elton Arceneaux, Mack E. Barham, Barham & Arceneaux, New Orleans, LA, for Defendants-Appellees-Cross-Appellants.