Hiatt v. Schlecht

400 F.2d 875 Bernard HIATT, Appellant, v. Emil A. SCHLECHT, E. B. Weber, Norman L. Buckner, Robert J. Caley, Carl M. Halvorson, Eric Hoffman, J. M. Steinmuller, Jr., and Ralph Pierson, as Trustees for the Oregon-Washington Carpenters-Employers Health and Welfare Trust Fund and as Trustees for the Oregon-Washington Carpenters-Employers Pension Trust Fund, Appellees. No. 21825. United States Court of Appeals Ninth Circuit. Aug. 13, 1968. 1 Henry Camarot (argued), Sanders, Lively, Camarot & Wiswall, Springfield, Or., for appellant. 2 Paul T. Bailey (argued), Bailey, Swink & Haas, Portland, Or., for appellees. 3 Before HAMLEY and ELY, Circuit Judges, and VON DER HEYDT, * district judge. OPINION VON DER HEYDT, District Judge: 4 This is an appeal from a judgment entered by the District Court for plaintiffs. Plaintiffs, appellees herein, are trustees of the Oregon-Washington Carpenters-Employers Pension, and Health and Welfare, Funds. They filed a complaint seeking specific performance of certain trust agreements which they alleged were incorporated by reference into a labor agreement signed by defendant. Defendant, appellant herein, is a small building contractor. He contends,…