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JACKSONVILLE SHIPYARDS, INC. v. PERDUE

Nos. 75-1659, 75-2833, 75-2289, 75-2317 and 75-4112.

539 F.2d 533 (1976)

JACKSONVILLE SHIPYARDS, INC., and Aetna Casualty & Surety Company, Petitioners, v. Herbert L. PERDUE and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. JACKSONVILLE SHIPYARDS, INC., and Aetna Casualty & Surety Company, Petitioners, v. Charles W. SKIPPER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. P.C. PFEIFFER COMPANY and Texas Employers' Insurance Association, Petitioners, v. Diverson FORD and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. HALTER MARINE FABRICATORS, INC., and Fidelity & Casualty of New York, Petitioners, v. John L. NULTY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. AYERS STEAMSHIP COMPANY and Texas Employers' Insurance Association, Petitioners, v. Will BRYANT and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 27, 1976.

Attorney(s) appearing for the Case

J. Weldon Granger, Houston, Tex., for Diverson Ford.

Charles E. Lugenbuhl, Thomas J. Grace, New Orleans, La., E. D. Vickery, W. Robins Brice, Houston, Tex., John E. Houser, Jacksonville, Fla., for petitioners.

Marshall H. Harris, Assoc. Sol., Linda L. Carroll, U.S. Dept. of Labor, Washington, D.C., for respondents in 75-2317.

Edward A. White, Jacksonville, Fla., for Skipper.

Arthur L. Schechter, Houston, Tex., for Will Bryant.

William J. Kilberg, Solicitor of Labor, Laurie M. Streeter, Assoc. Sol., Joshua T. Gillelan, II, Atty., Ronald E. Meisburg, George M. Lilly, U.S. Dept. of Labor, Washington, D.C., for Dept. of Labor.

Before TUTTLE, THORNBERRY and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge.

I

AN OVERVIEW OF THESE CASES

The Parties and Their Dispute. With these five vigorously contested appeals, petitioners and respondents join battle for the third time. Each individually named respondent is a shoreside worker who was injured in the course of his employment. These respondents claim that their injuries are covered by the 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act (the Act...

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