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DIR., OFFICE OF WKRS'. COMP., ETC. v. NAT. VAN LINES, INC.

Nos. 78-1259, 78-1268.

613 F.2d 972 (1979)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NATIONAL VAN LINES, INC., Transport Indemnity Company, Eureka Van & Storage Company, Maryland Casualty Company, and James A. Riley, III, Respondents. James A. RILEY, III, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 1979.

As Amended December 17, 1979.

Rehearing Denied December 19, 1979.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II, Atty., Dept. of Labor, Washington, D.C., with whom Carin Ann Clauss, Sol. of Labor, and Laurie M. Streeter, Associate Sol., Washington, D.C., were on the brief, for petitioner Director, Office of Workers' Compensation Programs.

Walter W. Pitsenberger, Bowie, Md., for petitioner James A. Riley, III.

Jean S. Moore, Washington, D.C., with whom Vincent H. Cohen and Alphonso A. Christian, II, Washington, D.C., were on the brief, for respondent Maryland Cas. Co.

Leo A. Roth, Jr., Washington, D.C., for respondents National Van Lines, Inc. and Transport Indem. Co.

Before WRIGHT, Chief Judge, BAZELON, Senior Circuit Judge, and TAMM, Circuit Judge.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by TAMM, Circuit Judge.

J. SKELLY WRIGHT, Chief Judge:

These cases arise on petitions for review of an order of the Benefits Review Board (Board).1 The Board upheld a claim by petitioner James A. Riley, III (Riley) for payments under the District of Columbia Workmen's Compensation Law,2 in addition to those...

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