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SEA-LAND SERV. v. DIR., OFFICE OF WKRS' COMP., ETC.

No. 75-2039.

540 F.2d 629 (1976)

SEA-LAND SERVICE, INC., and The Travelers Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Wallace C. Johns, Respondents.

United States Court of Appeals, Third Circuit.

Decided August 5, 1976.

Attorney(s) appearing for the Case

M. E. DeOrchis, Kenneth L. Geller, Haight, Gardner, Poor & Havens, New York City, for petitioners.

William J. Kilberg, Sol. of Labor, Laurie M. Streeter, Associate Sol., Linda L. Carroll, Atty., U. S. Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs.

Martin L. Katz, Trial Counsel, Paul C. Johns, Brooklyn, N. Y., for respondent Wallace C. Johns.

Before ALDISERT, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is a petition by an employer to review an order of the Benefits Review Board reversing an order of the administrative law judge which denied benefits to an employee, Wallace Johns, under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA).1 The administrative law judge had held that although Johns was engaged in maritime employment at the time of the accident, he was...

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