MAHER TERMINALS, INC. v. FARRELL

No. 76-1145.

548 F.2d 476 (1977)

MAHER TERMINALS, INC., Employer and American Mutual Liability Insurance Co., Carrier, Petitioners, v. Peter FARRELL, Respondent, Director, Office of Workers' Compensation Programs, U. S. Department of Labor, Party Respondent.

United States Court of Appeals, Third Circuit.

Decided January 17, 1977.


Attorney(s) appearing for the Case

Thomas J. Ingersoll, Philadelphia, Pa., for petitioners.

Martin L. Katz, Brooklyn, N. Y., for respondent.

Joshua T. Gillelan, II, Office of the Sol., U. S. Dept. of Labor, Washington, D. C., for party respondent.

Thomas J. Ingersoll, Deasey, Scanlan & Bender, Ltd., Philadelphia, Pa., for petitioners.

Martin L. Katz, Brooklyn, N. Y., Joshua T. Gillelan, II, Office of the Sol., U. S. Dept. of Labor, Washington, D. C., for respondents.

Before ALDISERT and WEIS, Circuit Judges, and HUYETT, District Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision is whether Peter Farrell, a clerk in a maritime terminal office whose principal duties in the office require him to examine documents presented by outside truckers, is an employee "handling cargo" as contemplated in Sea-Land Service, Inc. v. Director, Office of Workers' Compensation Programs, 540 F.2d 629 (3d Cir.1976). If so, he is covered by...

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