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DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS v. HAMILTON

No. 89-8391 Non-Argument Calendar.

890 F.2d 1143 (1989)

DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Robert L. HAMILTON, Crowder Construction and Aetna Casualty and Surety Company, Respondents.

United States Court of Appeals, Eleventh Circuit.

December 18, 1989.

Attorney(s) appearing for the Case

Nathaniel I. Spiller, U.S. Dept. of Labor, Allen H. Feldman, Charles I. Hadden, Washington, D.C., for petitioner.

Ralph Lorberbaum, Ashman & Zipperer, Savannah, Ga., for respondents.

Before TJOFLAT, Chief Judge, and KRAVITCH and ANDERSON, Circuit Judges.

PER CURIAM:

The decision in this case is governed by binding precedent of the former Fifth Circuit: Holliday v. Todd Shipyards Corp., 654 F.2d 415 (5th Cir. Unit A 1981).* The Director, in his brief, acknowledges such, and, further, that we must affirm the decision of the Benefits Review Board unless this court, sitting en banc, overrules Holliday. The Board's decision is affirmed, without...

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