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KELLY v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 81-7499.

678 F.2d 830 (1982)

In the Matter of John KELLY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Marine Terminals Corp., and INA/Pacific Employer's Insurance Group, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1982.

Attorney(s) appearing for the Case

Lowell A. Airola, Airola, Ringgold & Williams, San Francisco, Cal., argued, for petitioner; Kathryn E. Ringgold, San Francisco, Cal., on brief.

Albert Sennett, Hanna, Brophy, McLean, McAleer & Jensen, San Francisco, Cal., for respondents.

Before BROWNING, Chief Judge, SWYGERT and WRIGHT, Circuit Judges.

ORDER

The facts in this appeal from the decision of the Office of Workers Compensation Programs denying coverage are indistinguishable from those in Arbeeny v. McRoberts Protective Agency, 642 F.2d 672 (2d Cir. 1981). The Arbeeny claimants were covered because in protecting cargo from theft they were an integral part of the loading and unloading process. Kelly's job involved protecting shipping containers from theft...

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