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DIR., OFFICE OF W. C. PROGRAMS, U.S. DEPT. OF LABOR v. UNIVERSAL TERMINAL & STEVEDORING CORP.

No. 77-1676.

575 F.2d 452 (1978)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U. S. DEPARTMENT OF LABOR, and Michael DeNichilo, Respondents, v. UNIVERSAL TERMINAL & STEVEDORING CORP., Employer-Petitioner, Midland Insurance Company, Carrier-Petitioner.

United States Court of Appeals, Third Circuit.

Decided April 21, 1978.

Attorney(s) appearing for the Case

Leonard J. Linden, Linden & Gallagher, New York City, for petitioners.

Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Asst. Sol., Joshua T. Gillelan, II, U. S. Dept. of Labor, Office of the Solicitor of Labor, Washington, D. C., for respondent, Director, Office of Workers' Compensation.

Milton Garber, Baker, Garber, Duffy & Baker, P.A., Hoboken, N.J., for respondent Michael De Nichilo.

Before GIBBONS, HUNTER, Circuit Judges, and WEBER, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is a petition under § 21(c) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 921(c) (Supp.1975), to review a final order of the Benefits Review Board. The petitioners are the Universal Terminal & Stevedoring Corporation and its workers' compensation insurance carrier, Midland Insurance Company (hereafter collectively called the employer). The Board's order affirmed an...

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