STEWART v. DUTRA CONSTRUCTION CO.

No. 03-814.

543 U.S. 481 (2005)

STEWART v. DUTRA CONSTRUCTION CO.

Supreme Court of United States.

Decided February 22, 2005.


Attorney(s) appearing for the Case

David B. Kaplan argued the cause for petitioner. With him on the briefs were Thomas M. Bond, David W. Robertson, and Michael F. Sturley.

Lisa S. Blatt argued the cause for the United States as amicus curiae urging reversal. With her on the brief were former Solicitor General Olson, Deputy Solicitor General Hungar, Howard M. Radzely, Allen H. Feldman, and Mark S. Flynn.

Frederick E. Connelly, Jr., argued the cause for respondent. With him on the brief were Harvey Weiner and John J. O'Connor.*

THOMAS, J., delivered the opinion of the Court, in which all other Members joined, except REHNQUIST, C. J., who took no part in the decision of the case.


JUSTICE THOMAS delivered the opinion of the Court.

The question in this case is whether a dredge is a "vessel" under § 2(3)(G) of the Longshore and Harbor Workers' Compensation Act (LHWCA), 44 Stat. (pt. 2) 1425, as added by § 2(a) of Pub. L. 98-426, 33 U.S. C. § 902(3)(G). We hold that it is.

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As part of Boston's Central Artery/Tunnel Project, or "Big Dig," the Commonwealth of Massachusetts...

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