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BOATING INDUSTRY ASSOCIATIONS v. MARSHALL

No. 78-1827.

601 F.2d 1376 (1979)

BOATING INDUSTRY ASSOCIATIONS, a general partnership, National Association of Engine and Boat Manufacturers, a New York Corporation, Northern California Marine Association, a California Corporation, Earl and Robert Cooper, d/b/a Driftwood Marine, a partnership, Sailnetics, a sole proprietorship, and Easom Boat Works, Inc., a California Corporation, Plaintiffs-Appellees, v. Ray MARSHALL, United States Secretary of Labor, Donald Elisburg, Assistant Secretary of Labor for Employment Standards, and Everett P. Jennings, Acting Director, Office of Workers' Compensation Programs, United States Department of Labor, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 13, 1979.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II, Washington, D. C., for plaintiffs-appellees.

Robert H. Koehler, Washington, D. C., for defendants-appellants.

Before WALLACE and SNEED, Circuit Judges, and BLUMENFELD, District Judge.

SNEED, Circuit Judge:

Appellants, defendants below, appeal from a summary judgment declaring certain amendatory provisions of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq., inapplicable to recreational boat builders and marinas and directing appellants to rescind a notice and memorandum expressing a contrary view. Appellees, plaintiffs below, sought judicial review, pursuant to 5 U.S.C. § 701 et seq.,...

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