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FIREMAN'S FUND INSURANCE COMPANY v. BERGERON

No. 73-2385.

493 F.2d 545 (1974)

FIREMAN'S FUND INSURANCE COMPANY and Luckenbach Steamship Company, Inc., Plaintiffs-Appellants, v. Robert H. BERGERON, Deputy Commissioner, United States Department of Labor, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 1, 1974.

Attorney(s) appearing for the Case

Dewey R. Villareal, Jr., Nathaniel G. W. Pieper, Tampa, Fla., for plaintiffs-appellants.

Oscar Blasingame, Asst. U. S. Atty., Tampa, Fla., John L. Briggs, U. S. Atty., Jacksonville, Fla., William J. Kilberg, Sol. of Labor, Peter Brennan, Sec. of Labor, U. S. Dept. Of Labor, Washington, D. C., for defendant-appellee.

John D. Shofi, William D. Douglas, Tampa, Fla., for Roosevelt Lowe.

Before BROWN, Chief Judge, and TUTTLE and SIMPSON, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal by plaintiffs Luckenbach Steamship Co., Inc., an employer, and Fireman's Fund Insurance Company, its insurance carrier, from the district court's grant of summary judgment upholding the defendant deputy commissioner's compensation order pursuant to the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. The deputy commissioner's order held that claimant Lowe's attorney's telephone...

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