United States v. Carter

229 F.2d 645 UNITED STATES of America FOR the Benefit and on Behalf of Harry SHERMAN, Chas. Robinson, Ronald D. Wright, Stuart Scofield, Lee Lalor, William Ames, Ernest Clements, Carl Lawrence, Gordon Pollock and Harold Sjoberg, as Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Appellants, v. Donald G. CARTER, Individually; Donald G. Carter, Doing Business as Carter Construction Company, Carter Construction Company and Hartford Accident and Indemnity Co., Appellees. No. 14703. United States Court of Appeals Ninth Circuit. Jan. 10, 1956. 1 Charles P. Scully, Gardiner Johnson, Thomas E. Stanton, Jr., Johnson & Stanton, San Francisco, Cal., for appellants. 2 Dinkelspiel & Dinkelspiel, Robert J. Drewes, San Francisco, Cal., for appellees. 3 Before HEALY and LEMMON, Circuit Judges, and BYRNE, District Judge. 4 BYRNE, District Judge. 5 Appellants filed suit on a bond furnished by Carter, as contractor, and executed by Hartford Accident and Indemnity Company, as surety, pursuant to the provisions of the Miller Act, 40 U.S.C.A. § 270a et seq., to recover health and welfare contributions alleged to be due on account of labor performed on public…