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LOWE v. INGALLS SHIPBUILDING, A DIV. OF LITTON

No. 82-4361.

723 F.2d 1173 (1984)

Edward L. LOWE, et al., Plaintiffs-Appellees, v. INGALLS SHIPBUILDING, A DIVISION OF LITTON SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 30, 1984.

Attorney(s) appearing for the Case

Wiesenburg & Reed, Karl Wiesenburg, John H. Carlson, Pascagoula, Miss., for defendant-appellant.

Jones, Maples & Lomax, Ransom P. Jones, III, Pascagoula, Miss., for Lowe, et al.

James Hilton Crosby, Vincent A. Noletto, Jr., Mobile, Ala., for Owens-Corning Fiberglass, et al.

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

In this declaratory judgment action we are asked to determine whether a shipyard employer, self-insured under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. ("LHWCA" or the "Act"), which has paid LHWCA compensation to employees contracting asbestosis during their employment, has an "independent" cause of action, of the character recognized in Federal Marine Terminals, Inc. v. Burnside Shipping...

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