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SHEA v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 90-1436.

929 F.2d 736 (1991)

SHEA, S & M Ball Company and Seaboard Fire & Marine Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and Betty M. Holden, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 1991.

As Amended April 16, 1991.

Attorney(s) appearing for the Case

John C. Lynch, with whom Alexander W. Whitaker was on the brief, for petitioners.

Peter J. Vangsnes, with whom James A. Mannino was on the brief, for respondent Betty M. Holden.

Samuel J. Oshinsky, Atty., Dept. of Labor, with whom Carol A. De Deo, Associate Sol., and Janet R. Dunlop were on the brief, for respondent Director, Office of Workers' Compensation Programs.

Before WALD, RUTH BADER GINSBURG and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The District of Columbia Workmen's Compensation Act of 1928 ("1928 Act"), D.C.Code § 36-501, et seq., (1973), was repealed by the District of Columbia Workers' Compensation Act of 1979 ("1979 Act"), D.C.Code § 36-301 et seq. (1988 Repl.), but continues to govern claims arising from injuries that occurred prior to its repeal. The issue in this case is whether the...

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