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  5. 898 F.2d 1088 (1990)
 

INGALLS SHIPBUILDING v. DIRECTOR, OWCP

Nos. 89-4459, 89-4468 and 89-4469.

898 F.2d 1088 (1990)

INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondent, and Aaron C. Fairley, Respondent. INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondent, and John A. Ryan, Respondent. INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondent, and Ervin J. Gulley, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 1, 1990.

Attorney(s) appearing for the Case

Karl Wiesenburg, Pascagoula, Miss., Richard P. Salloum, Traci M. Castille, Franke, Rainey & Salloum, Gulfport, Miss., William F. Jordan, Pascagoula, Miss., for Ingalls Shipbuilding.

Lowry M. Lomax, Rebecca J. Ainsworth, John F. Dillon, Pascagoula, Miss., for Fairley.

Linda Meekins, Clerk, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for other interested parties in Nos. 89-4459 and 89-4469.

Janet R. Dunlop, James Michael O'Neill, Sol., Donald S. Shire, Associate Sol. of Labor, Office of U.S. Dept. of Labor, NDOL, Washington, D.C., for Director.

Lowry M. Lomax, John F. Dillon, Rebecca J. Ainsworth, Pascagoula, Miss., Linda Meekins, Clerk, Benefits Review Bd., Dept. of Labor, Washington, D.C., for Ervin J. Gulley in No. 89-4468.

Before GEE, GARZA and DAVIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 1, 1990.

W. EUGENE DAVIS, Circuit Judge:

Ingalls Shipbuilding, Inc. (Ingalls), the employer, appeals the Benefits Review Board's (the Board) compensation award under the Longshore and Harbor Workers' Compensation Act (LHWCA or the Act) and the Board's award of attorneys' fees and penalties. We affirm in part and reverse in part.

I. Facts

Three retired Ingalls employees, Aaron C. Fairley,...

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