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NICKLOS DRILLING CO. v. COWART

No. 89-4944 Summary Calendar.

907 F.2d 1552 (1990)

NICKLOS DRILLING COMPANY and Compass Insurance Company, Petitioners, v. Floyd COWART and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

August 9, 1990.

Attorney(s) appearing for the Case

H. Lee Lewis, Jr., Griggs & Harrison, Houston, Tex., for petitioners.

Lloyd N. Frischhertz, Seelig, Cosse', Frischhertz & Poulliard, New Orleans, La., for Floyd Cowart.

Joshua T. Gillelan, II, Samuel J. Oshinsky, Solicitors, U.S. Dept. of Labor, Washington, D.C., for Director, Office of Workers Comp. Programs.

Linda Meekins, Clerk, Benefit Review Bd., U.S. Dept. of Labor, Washington, D.C., for other interested parties.

Before GEE, DAVIS, and JONES, Circuit Judges.

PER CURIAM:

Today we reverse a decision of the Benefits Review Board as contrary to the unambiguous language of the Longshore and Harbor Workers' Compensation Act (LHWCA) and to what we had thought was the clear mandate of this Court. Because the Benefits Review Board (BRB) has refused to heed Congress's and our earlier pronouncements, we write somewhat at length to make our position clear beyond peradventure. We have in the past consistently held, and we now reaffirm...

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