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WHITE v. NEWPORT NEWS SHIPBUILDING & DRY DOCK CO.

Nos. 79-1134, 79-1141.

633 F.2d 1070 (1980)

Leroy WHITE, Claimant, Petitioner, v. NEWPORT NEWS SHIPBUILDING & DRY DOCK COMPANY (Self-Insured) Employer, Respondent, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Party in Interest. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1980.

Attorney(s) appearing for the Case

R. M. Brown, Jr., Newport News, Va. (Hudgins & Neale, Newport News, Va., on brief), Mark C. Walters, U.S. Dept. of Labor, Washington, D.C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D.C., on brief), for petitioners.

Junius C. McElveen, Jr., Washington, D.C. (Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for respondent.

Before WINTER and PHILLIPS, Circuit Judges, STAKER, District Judge.

STAKER, District Judge:

Employee Leroy White was injured while unloading pipe in the shipyard of Newport News Shipbuilding and Dry Dock Company, and claimed compensation under the Longshoremen's and Harbor Workers' Compensation Act, as amended, 33 U.S.C. §§ 901, et seq.

The threshold issue here is whether White was a shipbuilder entitled to compensation under the Act. After hearing, the administrative law judge (ALJ) held inter alia

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