Frank A. Calhoun v. J. W. Bernard

This is the second appeal in this case. On the first, we remanded “for the making of further findings, either upon the evidence already received or upon such further evidence as the court may decide to hear, and for the entry of a new judgment * * (Calhoun v. Bernard, 9 Cir., 1964, 333 F.2d 739, 742 ). The basic facts are stated in that opinion, and we do not repeat them here.

The trial court did not receive new evidence, but it did make new findings. On this appeal, appellant has brought up the testimony. His primary contention is that the evidence does not support the findings. Findings I through V deal with a master agreement called the Drywall Master Agreement to which Calhoun was a party until July 31, 1959. It provides :

Between January 1 and July 31, 1959, Calhoun employed Drywall installers who worked 3,752% hours, but made no payment to the pension trust.

Findings VI through XVII deal with the period July 31,1959 to April 30,1962. The court found: The master labor agreement referred to in the Memorandum Agreement quoted in our prior opinion was entered into in 1954, and was amended in 1957 and 1959. The contract and the amendments are in evidence. The 1957 amendment…