United States v. Carter

301 F.2d 467 UNITED STATES of America ex rel. Harry SHERMAN et al., as Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Appellants, v. Donald G. CARTER, Individually, Donald G. Carter, d/b/a Carter Construction Company, Carter Construction Company, Hartford Accident and Indemnity Company, et al., Appellees. No. 17204. United States Court of Appeals Ninth Circuit. March 30, 1962. Gardiner Johnson, Thomas E. Stanton, Jr., Charles P. Scully, San Francisco, Cal., Johnson & Stanton, San Francisco, Cal., of counsel, for appellant. Dinkelspiel & Dinkelspiel, Richard C. Dinkelspiel and John F. Taylor, San Francisco, Cal., for appellee Hartford Accident & Indemnity Co. Before ORR, POPE and HAMLIN, Circuit Judges. POPE, Circuit Judge. 1 This action, here on appeal for the third time, was first filed in the district court in April, 1954. The appellee Carter, a building contractor who had contracted with the United States to construct certain public buildings, was a party to a collective bargaining agreement with his employees, whereby he was required to pay into a "health and welfare fund" the sum of 7½ cents per hour for each hour worked by…