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SIMPSON v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 81-1455.

681 F.2d 81 (1982)

Donald J. SIMPSON, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Bath Iron Works Corporation, and American Mutual Liability Insurance Company, Respondents.

United States Court of Appeals, First Circuit.

Decided June 23, 1982.

Attorney(s) appearing for the Case

Jonathan W. Reitman, Brunswick, Me., with whom McTeague, Higbee & Tucker, Brunswick, Me., was on brief, for petitioner.

Stephen Hessert, Portland, Me., with whom Norman & Hanson, Portland, Me., was on brief, for respondents.

Before COFFIN, Chief Judge, ALDRICH and BREYER, Circuit Judges.

COFFIN, Chief Judge.

This case requires us to determine whether the Supreme Court's decision in Calbeck v. Travelers Insurance Co., 370 U.S. 114, 82 S.Ct. 1196, 8 L.Ed.2d 368 (1962), which clarified the jurisdictional scope of the Longshoremen's and Harbor Workers' Compensation Act of 1927, should be applied to workers' injuries that antedated the decision.

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