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ARBEENY v. McROBERTS PROTECTIVE AGENCY

Nos. 568, 569, Dockets 80-4159, 80-4158.

642 F.2d 672 (1981)

Samuel ARBEENY, and Director, Office of Workers' Compensation Programs, Petitioners, v. McROBERTS PROTECTIVE AGENCY and State Insurance Fund, Respondents. Samuel ARBEENY, Petitioner, v. McROBERTS PROTECTIVE AGENCY and State Insurance Fund and Director, Office of Workers' Compensation Programs, Respondents. Michael CONLON, Petitioner, v. McROBERTS PROTECTIVE AGENCY and State Insurance Fund and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Second Circuit.

Decided March 9, 1981.

Attorney(s) appearing for the Case

Angelo C. Gucciardo, New York City (Israel, Adler, Ronca & Gucciardo, New York City, of counsel), for petitioner Conlon.

Irving Bushlow, Brooklyn, N. Y., for petitioner Arbeeny.

Catherine A. Giacona, Washington, D. C. (U. S. Dept. of Labor, Washington, D. C., Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D. C., of counsel), for Office of Workers' Compensation Programs.

Joseph F. Manes, Croton-on-Hudson, N. Y., for respondents McRoberts and State Ins. Fund.

Before MANSFIELD and MULLIGAN, Circuit Judges, and POLLACK, District Judge.

MULLIGAN, Circuit Judge:

These petitions for review of an order of the Benefits Review Board, United States Department of Labor (Board) pose the question whether the petitioners Samuel Arbeeny and Michael Conlon were engaged in "maritime employment" within Section 2(3) of the Longshoremen's and Harbor Workers' Compensation Act (Act), 33 U.S.C. §§ 901-950, and are thus entitled to compensation for injuries suffered while working as pier guards on the Brooklyn...

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