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B.S. COSTELLO, INC. v. MEAGHER

Nos. 88-1395, 88-1557.

867 F.2d 722 (1989)

B.S. COSTELLO, INC., Petitioner, v. Raymond MEAGHER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. Doris KEOUGH, Plaintiff, Appellee, v. B.S. COSTELLO, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 17, 1989.

Attorney(s) appearing for the Case

Richard N. Curtin with whom Andre A. Sansoucy and Parker, Coulter, Daley & White, Boston, Mass., were on briefs, for B.S. Costello, Inc.

Christopher N. Hug with whom Latti Associates, Boston, Mass., was on briefs, for Raymond Meagher and Doris Keough.

Marianne Demetral Smith with whom George R. Salem, Sol. of Labor, Randel K. Johnson, Acting Associate Sol. and J. Michael O'Neill, Washington, D.C., Counsel for Longshore, were on briefs, for Director, Office of Workers' Compensation Programs.

Before CAMPBELL, Chief Judge, BROWN, Senior Circuit Judge, and COFFIN, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

These two cases, here consolidated, raise the question of an employer's own liability for employee disability payments which an insurer cannot meet under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 (1982 & Supp. III 1985 & Supp. IV 1986). B.S. Costello, Inc. ("Costello"), an employer subject to the LHWCA, challenges orders that, because of the insolvency of its two workers' compensation...

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