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PENNSYLVANIA NAT. MUT. CAS. INS. CO. v. SPENCE

No. 78-1088.

591 F.2d 985 (1979)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Petitioner, v. Louise E. SPENCE (widow of James T. Spence) and Terminal Shipping Company and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 1979.

Attorney(s) appearing for the Case

Louis G. Close, Jr., Baltimore, Md. (Whiteford, Taylor, Preston, Trimble & Johnston, Baltimore, Md., on brief), for petitioner.

Josua T. Gillelan, II, U. S. Department of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Linda L. Carroll, U. S. Dept. of Labor, Washington, D. C., on brief), for Director, Office of Workers' Compensation Programs.

A. Owen Hennegan, Towson, Md., for respondent Terminal Shipping Co.

I. Marshall Seidler, Baltimore, Md., for respondent Louise E. Spence.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

This appeal presents a controversy between an employer and its insurance carrier over which is liable for death benefits payable under the 1972 Amendments of the Longshoremen's and Harbor Workers' Compensation Act. 33 U.S.C. § 901, et seq.

The facts generating this controversy are not in dispute. On March 24, 1967, the employee, on account of whose death these benefits were claimed, suffered an injury on a vessel...

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