DULUTH, M. & I. R. RY. CO. v. U. S. DEPT. OF LABOR

No. 76-1586.

553 F.2d 1144 (1977)

DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, Petitioner, v. U. S. DEPARTMENT OF LABOR et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1977.


Attorney(s) appearing for the Case

William P. O'Brien, Duluth, Minn., for petitioner.

Harry L. Sheinfeld, U. S. Dept. of Labor, Washington, D. C., for respondents; William J. Kilberg, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D. C., on brief.

Rerat Law Firm, P. A., Charles A. Collins (argued), Minneapolis, Minn., for Warner C. Holten.

Before BRIGHT and HENLEY, Circuit Judges, and HARPER, Senior District Judge.


BRIGHT, Circuit Judge.

The Benefits Review Board, affirming a decision of an administrative law judge, ordered the Duluth, Missabe and Iron Range Railway Company (Employer) to pay to Warner C. Holten disability benefits for total and permanent disability pursuant to the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (Act). In this petition for review the Employer challenges...

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