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ELLER AND CO. v. GOLDEN

No. 78-3368.

620 F.2d 71 (1980)

ELLER AND COMPANY and Midland Insurance Company, Petitioners, v. Marshall GOLDEN and Director, Office of Workers' Compensation Programs, U. S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 25, 1980.

Attorney(s) appearing for the Case

Marlow, Shofi, Ortmayer, Smith & Spangler, John S. Smith, Tampa, Fla., for petitioners.

Hamilton & Douglas, William D. Douglas, Tampa, Fla., for Marshall Golden.

Carin A. Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol. Joshua T. Gillelan, II, Atty. U. S. Dept. of Labor, Washington, D. C., for Director, O.W.C.P.

Before BROWN, AINSWORTH and FRANK M. JOHNSON, Jr., Circuit Judges.

AINSWORTH, Circuit Judge:

Eller and Company and its insurance carrier, Midland Insurance Company, seek reversal of a Benefits Review Board decision which affirmed an administrative law judge's award of compensation benefits to Marshall Golden pursuant to the provisions of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950. Petitioners argue, contrary to the conclusions of both the administrative law judge and the Benefits...

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