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AMERICAN MUT. LIABILITY INS. CO. v. SMITH

Nos. 84-7385, 84-7386 and 84-7387.

766 F.2d 1513 (1985)

AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Petitioner, v. Suzanne SMITH (Child of James V. Smith), and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Petitioner, v. Christopher Lamon and Patrick Wayne ANDREWS (Children of Cecil Andrews), and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Petitioner, v. Brenda TURNBO (Child of Benny Turnbo, Jr.), and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

July 29, 1985.

Attorney(s) appearing for the Case

Armbrecht Jackson DeMouy, Crowe, Holmes & Reeves, Douglas L. Brown, Mobile, Ala., for petitioner.

George J. Moore, James F. Barter, Jr., Mobile, Ala., Joshua T. Gillellan, III, Assoc. Sol. for Employee Benefits, U.S. Dept. of Labor, Marianne D. Smith, Washington, D.C., for respondents.

Before HENDERSON and CLARK, Circuit Judges, and HOFFMAN, District Judge.

CLARK, Circuit Judge:

These consolidated cases involve section 909(b) of the Longshoremen's and Harbor Workers' Compensation Act (the Act) 33 U.S.C. §§ 901-950. The facts of each of the cases are similar and undisputed. The decedents died from work related injuries and were survived by their wives and children. The petitioner paid the surviving spouses (widows) and children death benefits in accordance with the Act. The surviving spouses remarried and pursuant...

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