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DIRECTOR, ETC. v. ALA. DRY DOCK, ETC.

No. 80-9031.

672 F.2d 847 (1982)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. ALABAMA DRY DOCK & SHIPBUILDING COMPANY and Beatrice T. Waganer, Respondents.

United States Court of Appeals, Eleventh Circuit.

April 5, 1982.

Attorney(s) appearing for the Case

Mark C. Walters, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Gaillard, Little & Hume, Christopher G. Hume, III, Mobile, Ala., for Waganer.

Armbrecht, Jackson, Demouy, Crowe, Holmes & Reeves, W. Boyd Reeves, Mobile, Ala., for Ala. Dry Dock & Shipbuilding Co.

Before TUTTLE, HENDERSON and CLARK, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from an order of the Benefits Review Board [BRB] of the Office of Workers' Compensation Programs [OWCP], Department of Labor. Petitioner, Director of OWCP, challenges the BRB's award of respondent's attorney's fee as assessed against a special fund set up pursuant to the Longshoremen's and Harbor Worker's Compensation Act [LHWCA], 33 U.S.C.A. § 944 (1978). For the reasons set out in the opinion below, we must reverse ...

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