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METROPOLITAN STEVEDORE v. CRESCENT WHARF

No. 01-71505.

339 F.3d 1102 (2003)

METROPOLITAN STEVEDORE COMPANY, Petitioner, v. CRESCENT WHARF AND WAREHOUSE CO.; Crescent City Marine Ways and Dry Dock Company; Pasha Maritime Services; Homeport Insurance Co.; SAIF Corporation; State Compensation Insurance Fund; William G. Price; Director, Office of Workers Compensation Programs; U.S. Department of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2003.

Attorney(s) appearing for the Case

Robert E. Babcock, Sherwood, Oregon, for the petitioner.

Gary M. Spero (briefed), State Compensation Insurance Fund, Santa Ana, California, for respondents Pasha Maritime Services, Marine Terminals Corporation and State Compensation Insurance Fund.

Christopher M. Galichon, Dupree Galichon, plc, San Diego, California, for respondent Crescent Wharf & Warehouse.

Norman Cole, SAIF Corporation, Salem, Oregon, for respondents Crescent City Marine Ways & SAIF Corporation.

Whitney R. Given, U.S. Department of Labor, Washington, DC, for respondent Director, Office of Workers' Compensation Programs.

Before: ANDREW J. KLEINFELD and M. MARGARET McKEOWN, Circuit Judges, and NORMA L. SHAPIRO, District Judge.

Argued and Submitted February 3, 2003 — Seattle, Washington.

OPINION

SHAPIRO, District Judge:

Metropolitan Stevedore Company ("Metropolitan") petitions for review of a Benefits Review Board ("BRB") ruling affirming the decision of the Administrative Law Judge ("ALJ") on a claim filed under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 901 et seq. The ALJ found that Metropolitan was the employer liable...

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