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SUN SHIPBUILDING & DRY DOCK CO. v. WALKER

No. 78-1158.

590 F.2d 73 (1978)

SUN SHIPBUILDING & DRY DOCK COMPANY, Petitioner, v. Julius WALKER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided December 19, 1978.

Attorney(s) appearing for the Case

John J. Runzer, James T. Giles, Jeffery C. Hayes, Steven E. Bernstein, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for petitioner.

Paul J. Senesky, Galfand, Berger, Senesky, Lurie and March, Philadelphia, Pa., for respondent.

Carin Ann Clauss, Sol. of Labor, Cornelius S. Donoghue, Jr., Acting Associate Sol., Mary A. Sheehan, Atty., U. S. Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs.

Before ROSENN and WEIS, Circuit Judges and FISHER, District Judge.

OPINION OF THE COURT

CLARKSON S. FISHER, District Judge.

Sun Shipbuilding & Dry Dock Co. (Sun), a self-insured employer under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (the Act), petitions for review of an order of the Benefits Review Board affirming an award of compensation to respondent Julius Walker. Sun contends that when properly applied the Act operates to bar Walker's claim. We agree.

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