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NEWPORT NEWS SHIPBUILDING v. HARRIS

Nos. 90-2008, 90-2014 and 90-2015.

934 F.2d 548 (1991)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Bernice W. HARRIS, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Robert H. BATEMAN, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Charles BURCH, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 31, 1991.

Attorney(s) appearing for the Case

Lawrence Philip Postol, argued, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., for petitioner.

Michael Scott Hertzig, Office of the Solicitor, U.S. Dept. of Labor, argued, Washington, D.C. (Robert P. Davis, Solicitor of Labor, Carol A. DeDeo, Associate Solicitor, J. Michael O'Neill, Counsel for Longshore, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., P. Scott DeBruin, Pattern, Wornum & Watkins, Newport News, Va., on the brief), for respondents.

Before WIDENER and WILKINS, Circuit Judges, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.

HOUCK, District Judge:

This is an appeal by the Newport News Shipbuilding and Dry Dock Company (Company) from a ruling of the Benefits Review Board (Board) in three consolidated cases. The only issue is whether the special fund created under section 8(f) of the Longshoremen's and Harbor Workers' Compensation Act (Act), 33 U.S.C. § 908(f), should pay a portion of the compensation due to the claimants for their post-retirement disability caused by an occupational...

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