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FUSCO v. PERINI NORTH RIVER ASSOC.

Nos. 869 to 871, Dockets 79-4006, 79-4015 and 79-4016.

601 F.2d 659 (1979)

Ronald FUSCO, Petitioner, and Bernard Sullivan, Petitioner, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Petitioner, v. PERINI NORTH RIVER ASSOCIATES, and Hartford Accident & Indemnity Company, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 29, 1979.

Rehearing Denied August 21, 1979.

Attorney(s) appearing for the Case

Bernard S. Epstein, Epstein & Epstein, New York City, for petitioner Ronald Fusco.

Joseph Klotz, New York City, for petitioner Bernard Sullivan.

Carin Ann Clauss, Laurie M. Streeter, Mark C. Walters, U. S. Dept. of Labor, Washington, D. C., for petitioner Director, Office of Workers' Compensation Programs.

William F. Fischer, Jr., Martin Krutzel, Fischer Brothers, New York City, for respondents Perini North River Associates and Hartford Accident and Indemnity Company.

Before GURFEIN and MESKILL, Circuit Judges, and WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge:

The main question presented is whether a construction worker whose principal duties are performed on navigable waters, as that term was defined in § 3(a) of the original Longshoremen and Harbor Workers' Act, [LHWCA] 44 Stat. 1426, 33 U.S.C. § 903(a), and who sustains on such waters a work-related injury is, within the meaning of § 2(3) of LHWCA, as amended in 1972, 86 Stat....

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