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CARGILL, INC. v. POWELL

No. 75-2655.

573 F.2d 561 (1977)

CARGILL, INC., and State Accident Insurance Fund, Petitioner, v. Kenneth E. POWELL, and Director, Office of Worker's Compensation Programs, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing February 7, 1978.

Attorney(s) appearing for the Case

Robert E. Babcock (argued), of Lindsay, Nahstoll, Hart, Dafoe & Krause, Portland, Ore., for appellant.

Joslua T. Gillelan, II (argued), of Dept. of Labor, Washington, D.C., Raymond J. Conboy (argued), Portland, Ore., for appellee.

Before LUMBARD, WRIGHT and ANDERSON, Circuit Judges.

Rehearing and Rehearing En Banc February 7, 1978.

EUGENE A. WRIGHT, Circuit Judge:

This petition for review is brought by Cargill, Inc., and its workers' compensation insurer, the State Accident Insurance Fund, pursuant to 33 U.S.C. § 921(c) of the Longshoremen's and Harbor Workers' Compensation Act [LHWCA], 33 U.S.C. § 901, et seq., seeking reversal of a decision of the Benefits Review Board. The Board's decision held that an injury suffered...

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