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PEARCE v. DIRECTOR, OFFICE OF WORKERS', ETC.

No. 77-2074.

603 F.2d 763 (1979)

Gerry E. PEARCE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and McDonnell Douglas Corporation, and Industrial Indemnity Company, Respondents.

United States Court of Appeals, Ninth Circuit.

August 31, 1979.

Attorney(s) appearing for the Case

Bruce Nangle (argued), Clayton, Mo., for petitioner.

Laurie M. Streeter, U. S. Dept. of Labor, Washington, D. C., Mark C. Walters (argued), Washington, D. C., Lee H. Cliff, San Francisco, Cal. (argued), for respondents.

Before DUNIWAY and KENNEDY, Circuit Judges, and KING, District Judge.

DUNIWAY, Circuit Judge:

Petitioner Gerry E. Pearce received bi-weekly workers' compensation benefits under the Longshoremen's and Harbor Workers' Compensation Act, as amended, 33 U.S.C. §§ 901 et seq. ("the Longshoremen's Act"), as extended by the Defense Base Act, as amended, 42 U.S.C. §§ 1651 et seq. He seeks review of a final order of the Benefits Review Board affirming a deputy commissioner's refusal to commute his biweekly benefits...

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