STRACHAN SHIPPING CO. v. DAVIS

No. 77-1555.

571 F.2d 968 (1978)

STRACHAN SHIPPING COMPANY and American Mutual Insurance Company, Petitioners, v. Willie M. DAVIS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

April 24, 1978.


Attorney(s) appearing for the Case

W. Boyd Reeves, Mobile, Ala., for petitioners.

Peter J. Palughi, Mobile, Ala., Ronald E. Meisburg, U. S. Dept. of Labor, Washington, D. C., Carin Ann Clauss, Sol. of Labor, Cornelius S. Donoghue, Jr., Assoc. Sol., U. S. Dept. of Labor, Washington, D. C., for respondents.

Before COLEMAN and FAY, Circuit Judges, and KING, District Judge.


FAY, Circuit Judge:

The appellants herein seek to set aside orders of the Benefits Review Board awarding recovery to Willie Davis under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901, et seq. (hereinafter referred to as the Act). Davis was a bulk cargo gang foreman for Strachan Shipping Company for approximately thirty years, much of which was spent unloading "dust boats" containing dust producing cargo such as coal, iron ore,...

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