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NACIREMA OPERATING COMPANY v. OOSTING

No. 71-1639.

456 F.2d 956 (1972)

NACIREMA OPERATING COMPANY, Inc., and Liberty Mutual Insurance Company, Appellees, v. Jerry C. OOSTING, Deputy Commissioner, Bureau of Employees' Compensation, Department of Labor, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 16, 1972.

Attorney(s) appearing for the Case

Leavenworth Colby, Sp. Asst. Atty. Gen. (L. Patrick Gray, III, Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, on brief), for appellant.

Walter B. Martin, Jr., Norfolk, Va. (Vandeventer, Black, Meredith, & Martin, Norfolk, Va., on brief), for appellees.

Before CRAVEN and BUTZNER, Circuit Judges, and YOUNG, District Judge.

BUTZNER, Circuit Judge:

The deputy commissioner appeals from an order of the district court which reduced a longshoreman's deficiency award by the amount of the fee he paid an attorney to represent him in an action against the ship on which he was injured. Nacirema Operating Co., Inc. v. Oosting, 330 F.Supp. 1034 (E.D.Va.1971). We reverse because the decision is inconsistent with the Longshoremen's and Harbor Workers' Compensation...

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