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HULLINGHORST INDUSTRIES, INC. v. CARROLL

No. 80-3116.

650 F.2d 750 (1981)

HULLINGHORST INDUSTRIES, INC., Petitioner, v. David E. CARROLL, and Director, Office of Workers' Compensation Programs, U. S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A.

July 16, 1981.

Attorney(s) appearing for the Case

John Dale Powers, Michael H. Rubin, Baton Rouge, La., for petitioner.

Boris F. Navratil, Baton Rouge, La., for amicus curiae Nichols Const. Co.

Janine Syll Simerly, New Orleans, La., for Carroll.

Joshua T. Gillelan, II, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before CHARLES CLARK, TATE and WILLIAMS, Circuit Judges.

TATE, Circuit Judge:

Hullinghorst Industries, Inc. appeals from a decision of the Benefits Review Board awarding benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., to David E. Carroll, an injured Hullinghorst employee. The appeal is based on two contentions:1 First, that the Board erred in concluding that Carroll was a covered employee within the meaning of the Act, and second,...

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