50509 Marine LLC, et al. v. Pension Benefit Guaranty Corporation
Whether under Chicago Title & Tr. Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp., 302 U.S. 120 (1937) and the Tenth Amendment to the United States Constitution, state law, not ERISA or federal common law, controls the questions of whether an Illinois corporation, that after a Chapter 7 bankruptcy liquidation dissolved in 1992, and had its stock destroyed in 1997 (1) still existed in 2012; and (2) had stock that was still owned and "controlled" with "voting rights" by the corporation's 1992 shareholder in 2012?
Whether under Chicago Title & Tr. Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp. and the Tenth Amendment, state-law or federal-common-law controls the questions of whether a dissolved Illinois corporation still existed and had stock owned and controlled in 2012