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BROWNING v. B. F. DIAMOND CONST. CO.

No. 81-5656.

676 F.2d 547 (1982)

Elizabeth BROWNING, Widow of Joseph D. Browning, Petitioner-Appellant, v. B. F. DIAMOND CONSTRUCTION COMPANY, U. S. Fidelity and Casualty Company of New York, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 17, 1982.

Attorney(s) appearing for the Case

Adams, Adams, Brennan & Gardner, Richard J. Harris, Savannah, Ga., for petitioner-appellant.

John E. Houser, Jacksonville, Fla., for B. F. Diamond Const. Co.

Janet R. Dunlop, U. S. Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs.

Before FAY, VANCE and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge:

This is a petition for review of a decision of the Benefits Review Board denying claimant, Mrs. Elizabeth Browning, widow of Joseph D. Browning, benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901 et seq. The issue is whether Mr. Browning was a covered employee under 33 U.S.C. § 903(a). The Board determined that he was not, and we now reverse.

Browning was killed while employed...

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