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LANDRY v. CARLSON MOORING SERVICE

Nos. 79-1274, 79-1479.

643 F.2d 1080 (1981)

Wilson P. LANDRY, Petitioner, v. CARLSON MOORING SERVICE and Houston General Insurance Company, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Petitioner, v. CARLSON MOORING SERVICE and Houston General Insurance Company, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 28, 1981.

Attorney(s) appearing for the Case

Mandell & Wright, Stephen M. Vaughan, Houston, Tex., Gravel, Robertson & Brady, David W. Robertson, Alexandria, La., for petitioner.

Mehaffy, Weber, Keith & Gonsoulin, Daniel V. Flatten, Beaumont, Tex., Brian Raymond Davis, Austin, Tex., for respondents in both cases.

Stewart E. Niles, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Madeleine Fischer, New Orleans, La., amicus curiae, for Louisiana Shipbuilding & Repair Ass'n.

Laurie M. Streeter, Joshua T. Gillelan, II, Atty., U.S. Dept. of Labor, Washington, D.C., for petitioner.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 28, 1981.

TJOFLAT, Circuit Judge:

Wilson Landry and the Director, Office of Workers' Compensation Programs, United States Department of Labor, have filed these consolidated petitions for review of a decision of the United States Department of Labor Benefits Review Board precluding Landry from asserting a right to compensation under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901...

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