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McCABE v. SUN SHIPBUILDING AND DRY DOCK CO.

Nos. 78-1087, 78-1119.

602 F.2d 59 (1979)

Leo McCABE, Petitioner, v. SUN SHIPBUILDING AND DRY DOCK COMPANY. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAM, United States Department of Labor, Petitioner, v. SUN SHIPBUILDING AND DRY DOCK COMPANY.

United States Court of Appeals, Third Circuit.

Decided June 18, 1979.

As Amended September 7, 1979.

Attorney(s) appearing for the Case

Joseph Lurie (argued), Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., for petitioner Leo McCabe.

Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Mary A. Sheehan (argued), U. S. Dept. of Labor, Washington, D. C., for petitioner Director, Office of Workers' Compensation Program.

John T. Runzer, James T. Giles, Sally Akan (argued), Pepper, Hamilton & Scheetz, Philadelphia, Pa., for respondent.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

I.

In February 1975 Leo McCabe applied to the United States Department of Labor for disability benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (the Act). His former employer, Sun Shipbuilding and Dry Dock Company (Sun Shipbuilding) resisted an award of benefits asserting that McCabe did not have an injury that was the result of...

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