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PRESLEY v. TINSLEY MAINTENANCE SERVICE

No. 74-3871 Summary Calendar.

529 F.2d 433 (1976)

John M. PRESLEY, Petitioner, v. TINSLEY MAINTENANCE SERVICE, and Mid-Continental Underwriters, Inc., Respondents, Director, Office of Workers' Compensation Programs, U. S. Department of Labor, Intervenor.

United States Court of Appeals, Fifth Circuit.

March 26, 1976.

Attorney(s) appearing for the Case

Atreus M. Clay, Houston, Tex., for petitioner.

John L. Yates, James E. Ross, Houston, Tex., for Tinsley and Mid-Continental.

Cornelius S. Donoghue, Jr., Acting Assoc. Sol., Dept. of Labor, William J. Kilberg, Sol., Marshall H. Harris, Assoc. Sol. of Labor, George M. Lilly, Linda L. Carroll, Attys., U. S. Dept. of Labor, Washington, D. C., for Dept. of Labor.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

In essence, the controversy in this Longshoremen's Compensation Act lawsuit involves the propriety of an award of attorney's fees under 33 U.S.C.A. § 928, where the disability compensation claim presented to and contested by the employer/carrier differed significantly from the compensation award made by the administrative law judge.

An administrative law judge awarded temporary total compensation for an undetermined period of future...

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