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RAILCO MULTI-CONSTRUCTION CO. v. GARDNER

No. 87-1156.

902 F.2d 71 (1990)

RAILCO MULTI-CONSTRUCTION COMPANY, et al., Petitioners, v. Robert GARDNER and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 4, 1990.

Attorney(s) appearing for the Case

David P. Durbin, with whom Edward J. Lopata and D. Stephenson Schwinn, Washington, D.C., were on the brief, for petitioners.

Joshua Gillelan II, Attorney, Dept. of Labor, with whom George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., and J. Michael O'Neill, Attorney, Dept. of Labor, Washington, D.C., were on the brief, for respondent Director, Office of Workers' Compensation Programs.

Kevin B. Byrd, Washington, D.C., for respondent Gardner.

Before BUCKLEY and WILLIAMS, Circuit Judges, and HOGAN, District Judge.

Opinion for the court filed by District Judge HOGAN.

THOMAS F. HOGAN, District Judge:

At issue in this case is the fate of local workers' compensation claims falling within a potential coverage gap inadvertently created by the Council of the District of Columbia when it enacted the Workers' Compensation Act of 1979, D.C.Code § 36-301, et seq. (1988) ("1979 Act"), and simultaneously repealed the Workers' Compensation Act of 1928, D.C.Code §...

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