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UNITED STATES v. CARTER

No. 16267.

272 F.2d 363 (1959)

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 Company, Appellees.

United States Court of Appeals Ninth Circuit.

October 27, 1959.

Attorney(s) appearing for the Case

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

Dinkelspiel & Dinkelspiel, Richard C. Dinkelspiel, John F. Taylor, San Francisco, Cal., for appellee.

Before ORR, POPE and HAMLIN, Circuit Judges.

PER CURIAM.

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:

"If any individual employer defaults in the making of such contributions or payments and if the Board consults legal counsel with respect thereto, or files any suit or claim with respect thereto, there shall...

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