United States Seventh Circuit

CENTRAL STATES, S.E. & S.W. AREAS PENSION FUND v. NEIMAN, 01-1964, 01-2379

Read CENTRAL STATES, S.E. & S.W. AREAS PENSION FUND v. NEIMAN, 01-1964, 01-2379
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Documentary evidence presented at trial satisfied the two elements required to establish that an individual operated a trade or business: 1) that the individual engaged in specific activity for the primary purpose of income or profit and, 2) with continuity and regularity; thus, judgment finding that defendant operated a trade or business in 1991 and 1993, resulting in withdrawal liability under ERISA, was not clearly erroneous.

Appellate Information

Argued 02/21/2002
Decided 04/02/2002
Published 04/02/2002

Judges

FLAUM, Chief Judge., Before FLAUM, Chief Judge, and WOOD, JR. and WILLIAMS, Circuit Judges.

Court

United States Seventh Circuit

Counsel

For Appellees:
Thomas M. Weithers (argued), Central States, Southeast & Southwest Areas Pension Fund, Rosemont, IL, for Plaintiffs-Appellees., Donald J. Vogel (argued), Sara L. Thomas, Michael Best & Friedrich, Chicago, IL, for Defendant-Appellant.