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HAYDEN v. KERR-McGEE

No. 85-3351.

787 F.2d 1000 (1986)

Steven C. HAYDEN, Plaintiff-Appellant, Cross-Appellee, v. KERR-McGEE and J-W Operating Company, Defendants-Appellees, Dresser Atlas, Intervenor-Appellant, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 23, 1986.

Attorney(s) appearing for the Case

Bernard J. Williams, New Orleans, La., for Dresser Atlas.

Michael J. Samanie and Herbert W. Barnes, Houma, La., for Hayden.

Before REAVLEY, HIGGINBOTHAM and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 23, 1986.

ROBERT MADDEN HILL, Circuit Judge:

The question posed by this appeal is whether an employer who has paid medical benefits to an injured employee pursuant to the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-50, is entitled to be fully reimbursed for those payments out of the employee's later recovery against negligent third parties. Determining that prior case law of...

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