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N., B. & C. LINES v. DIRECTOR, OFFICE OF W.C.P.

No. 75-1896.

539 F.2d 378 (1976)

NORFOLK, BALTIMORE AND CAROLINA LINES, INC., and Liberty Mutual Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR et al., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 6, 1976.

Attorney(s) appearing for the Case

Charles H. Gibbs, Charleston, S.C. (Stephen E. Darling, Sinkler Gibbs Simons & Guerard, Charleston, S.C., on brief), for petitioners.

Linda L. Carroll, U.S. Dept. of Labor, Washington, D.C., Joseph F. Kent, Neighborhood Legal Assistance Program, Inc., Charleston, S.C. (Darra Williamson Cothran, Neighborhood Legal Assistance Program, Inc., Charleston, S.C., on brief), for respondents.

William McL. Ferguson, Ferguson & Mason, Newport News, Va., and Luther G. Jones, III, Fairfax, Va., Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief, as amicus curiae.

Before BRYAN, Senior Circuit Judge, and CRAVEN and RUSSELL, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

The Longshoremen's and Harbor Workers' Compensation Act was amended in 1972 to provide a death benefit to the survivors of an employee who has sustained "permanent total disability due to [an] injury [and] thereafter dies from causes other than the injury." 33 U.S.C. §§ 901, 909. The employer and its insurance carrier, Norfolk, Baltimore and Carolina Lines, Inc. and Liberty Mutual Insurance Company, respectively...

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