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HAYNIE v. TIDELAND WELDING SERVICE

No. 80-3218 Summary Calendar.

631 F.2d 1242 (1980)

Fred L. HAYNIE, Petitioner, v. TIDELAND WELDING SERVICE, United States Fidelity and Guaranty Company and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied January 6, 1981.

Attorney(s) appearing for the Case

Martzell, Montero & Lamothe, Charles F. Gay, Jr., New Orleans, La., for petitioner.

Barnett, Brown & Read, Wood Brown, III, New Orleans, La., for respondents.

Before BROWN, POLITZ and TATE, Circuit Judges.

TATE, Circuit Judge:

The plaintiff-appellant, Fred Haynie, was injured on an offshore oil rig and instituted suit against Tideland Welding Service (Tideland) and United States Fidelity and Guaranty Company (USFG), Tideland's insurer, under the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. The Administrative Law Judge (ALJ) found that Haynie was not an "employee" of Tideland, 33 U.S.C. § 902, therefore denying...

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