229 F.2d 645 (9th Cir. 1956), 14703, United States for Benefit and on Behalf of Sherman v. Carter

Docket Nº:14703.
Citation:229 F.2d 645
Party Name: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; Dona
Case Date:January 10, 1956
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 645

229 F.2d 645 (9th Cir. 1956)

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.

January 10, 1956

Page 646

Charles P. Scully, Gardiner Johnson, Thomas E. Stanton, Jr., Johnson & Stanton, San Francisco, Cal., for appellants.

Dinkelspiel & Dinkelspiel, Robert J. Drewes, San Francisco, Cal., for appellees.

Before HEALY and LEMMON, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge.

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 work of the United States. The District Court granted Hartford's motion for summary judgment and this appeal followed.

The material facts which are not in dispute may be summarized as follows: Carter as general contractor entered into two written contracts with the United States of America for the construction of certain buildings at Travis Air Force Base and Mather Field in California. Under the terms of the contracts Carter was required to furnish the materials and pay the labor at wage rates set forth in the specifications which were a part of the contracts. Under the terms of the bond Hartford was obliged to make these payments in the event Carter defaulted. During the critical period with which we are concerned, there was in existence a collective bargaining agreement entered into between an employers' organization, of which Carter was a member, and an employees' organization of which the laborers employed by Carter were members. Pursuant to this agreement Carter was obligated to pay into a 'Health and Welfare Fund' the sum of seven and one-half cents per

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hour for each hour worked by laborers employed by him. Carter paid in full the wage rates...

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