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NEWPORT NEWS SHIPBLDG. v. DIRECTOR, OFFICE OF WKRS'

No. 78-1690.

590 F.2d 1267 (1978)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Otha Ballard, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1978.

Attorney(s) appearing for the Case

Junius C. McElveen, Jr., Washington, D. C., for petitioner.

Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Mark C. Walters, U. S. Department of Labor, Washington, D. C., and E. D. David, Newport News, Va., for respondents.

Before WINTER, BUTZNER, Circuit Judges, and FIELD, Senior Circuit Judge.

PER CURIAM:

Newport News Shipbuilding and Dry Dock Company filed a petition to review an order of the Benefits Review Board of the Department of Labor which remanded the claim of Otha Ballard, an employee of Newport News, for further administrative proceedings. The government has moved for dismissal of the petition on the grounds that the Board's decision is not final and, consequently, not reviewable by this Court.

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