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HERB'S WELDING v. GRAY

No. 82-4147.

766 F.2d 898 (1985)

HERB'S WELDING and United States Fidelity & Guaranty Company, Petitioners, v. Robert H. GRAY and the Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

July 29, 1985.

Attorney(s) appearing for the Case

John F. Simon, Alexandria, La., and Montgomery, Barnett, Brown & Read, Wood Brown, III, New Orleans, La., for petitioners.

Christopher Tompkins, New Orleans, La., for amicus Kerr McGee Corp.

Robert M. Contois, Jr., New Orleans, La., for amicus Texaco, et al.

T. Timothy Ryan, Jr., Solicitor of Labor, U.S. Dept. of Labor, Allen H. Feldman, Steven J. Mandel, Joshua T. Gillelan, II, Washington, D.C.; James J. Brady and T. Gerald Henderson, Alexandria, La., for respondents.

Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for other interested parties.

Before CLARK, Chief Judge, THORNBERRY, and REAVLEY, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

CLARK, Chief Judge:

Petitioners appeal the order of the Benefits Review Board of the United States Department of Labor (Board) awarding the claimant Robert Gray benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA). We reverse.

I

This case is before us on remand from the Supreme Court. In our original opinion we affirmed the Board's decision on the grounds that...

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