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BLANDING v. DIRECTOR, OWCP

No. 98-4335.

186 F.3d 232 (1999)

Frouwke K. BLANDING, Widow of William G. Blanding, Petitioner, v. DIRECTOR, OWCP, U.S. Department of Labor, Oldam Shipping Company, employer, Commercial Union Insurance Company, Carrier, Respondents.

United States Court of Appeals, Second Circuit.

Decided July 30, 1999.

Attorney(s) appearing for the Case

Carolyn P. Kelly, Groton, CT (Matthew Shafner, Amy M. Stone, O'Brien, Shafner, Stuart, Kelly & Morris, P.C., Groton, CT, on the brief), for Petitioner.

Scott E. Richardson, Curtin, Murphy & O'Reilly, P.C., Boston, MA, for Respondents Oldam Shipping Company and Commercial Union Insurance Co.

Andrew D. Auerbach, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before: PARKER, SOTOMAYOR, Circuit Judges, and WEINSTEIN, District Judge.

PER CURIAM.

Frouwke Blanding appeals from a judgment of the United States Department of Labor Benefits Review Board (the "Board") issued July 28, 1998, reversing a Decision and Order on Remand of Administrative Law Judge David W. Di Nardi awarding death benefits to Blanding pursuant to the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 903(a) and 909 (1986).

Petitioner's husband, William Blanding, died on May 3, 1987, of mesothelioma...

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