Carter

Appellee Carter was contractor on a federal works project and was obligated by a collective bargaining agreement to make contributions to the Laborers Health and Welfare Trust Fund for Northern California. The agreement provided as follows:

The contractor defaulted in making such contributions and the trustees, appellants herein, sued the Hartford Accident and Indemnity Company which was surety on payment bonds supplied by the contractor pursuant to the Miller Act (40 U.S. C.A. § 270a, § 270b). The United States District Court found against appellants. An appeal was taken to the United States Court of Appeals, 9 Cir., 229 F.2d 645 which said court affirmed the decision of the district court, The appellants thereafter petitioned the Supreme Court of the United States for a writ of certiorari which was granted, 351 U.S. 917 , 76 S.Ct. 710 , 100 L.Ed. 1450 . The said Supreme Court thereafter heard the case and reversed. 353 U.S. 210 , 77 S.Ct. 793, 799 , 1 L.Ed.2d 776 . The mandate of the Supreme Court recited in part:

After the remand, the district court again considered the case and made certain awards of court costs and attorneys’ fees. In said awards the district court excluded…