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McBRIDE v. METRIC CONSTRUCTORS, INC.

Record No. 881154.

387 S.E.2d 780 (1990)

Joseph F. McBRIDE, II v. METRIC CONSTRUCTORS, INC. and Newport News Shipbuilding & Drydock Co.

Supreme Court of Virginia.

January 12, 1990.

Attorney(s) appearing for the Case

John H. Klein (Rutter & Montagna, Norfolk, on brief), for appellant.

Lance A. Jackson, Carter B.S. Furr (Berryman Green, IV, Breeden, MacMillan & Green, Jett, Berkley, Furr & Padgett, Norfolk, on briefs), for appellees.

Present CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ., and HARRISON, Retired Justice.

WHITING, Justice.

This case involves the interplay between the federal Longshoremen's and Harbor Workers' Compensation Act (the federal act), 33 U.S.C. §§ 901-950, and the Virginia Workers' Compensation Act (the state act), Code §§ 65.1-1 to -163. Specifically, we decide whether a worker injured in Virginia, covered by both acts but compensated under the federal act, can maintain a common-law negligence action against a party who is immune from...

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