No. 77-1737.

587 F.2d 649 (1978)

INGALLS SHIPBUILDING CORPORATION, a division of Litton Systems, Inc., Petitioner, v. Joseph A. JOYNER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 12, 1979.

Attorney(s) appearing for the Case

William P. Wessler, Paul M. Franke, Jr., Gulfport, Miss., George W. Williams Jr., Senior Staff Atty., Litton Systems, Inc., Pascagoula, Miss., for petitioner.

John W. Chapman, Pascagoula, Miss., William J. Kilberg, Sol. of Labor, Mary A. Sheehan (OWCP Dir.) Atty., Laurie M. Streeter, Assoc. Sol., U. S. Dept. of Labor, NDOL, Washington, D. C., Robert H. Bergeron, Deputy Comm., OWCP, ESA, U. S. Dept. of Labor, Jacksonville, Fla., for respondents.

Benefits Review Board, Joshua T. Gillelan, II, Dept. of Labor, Sol., Washington, D. C., for other interested party.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 12, 1979.


Joyner was determined by an Administrative Law Judge to be entitled to compensation under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., against his employer Ingalls. The decision and order of the ALJ was affirmed by the Benefits Review Board. Ingalls has petitioned this court for review of the Board's order. After docketing of the cause in this court...

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