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C & P TEL. CO. v. DIR., OFFICE OF WKRS.' COMP. PROG.

No. 76-1663.

564 F.2d 503 (1977)

The C & P TELEPHONE COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1977.

Attorney(s) appearing for the Case

Vincent H. Cohen, Washington, D. C., with whom Anne White Foley, Washington, D. C., was on the brief, for petitioner.

Joshua T. Gillelan, II, Atty., U. S. Dept. of Labor, Washington, D. C., with whom Alfred G. Albert, Acting Solicitor of Labor and Harry L. Sheinfeld, Atty., U. S. Dept. of Labor, Washington, D. C., were on the brief, for respondent.

Before WRIGHT and ROBINSON, Circuit Judges and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Chief Judge MARKEY.

MARKEY, Chief Judge, United States Court of Customs and Patent Appeals:

This petition1 by C & P Telephone Co. ("C & P") seeks to set aside the order of the Benefits Review Board ("Board") which affirmed the refusal of the Administrative Law Judge ("ALJ") to invoke § 8(f) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 908(f) (1970), in...

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