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NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. v. PARKER

No. 90-3109.

935 F.2d 20 (1991)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. George A. PARKER; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1991.

Attorney(s) appearing for the Case

Lawrence Philip Postol, argued (James M. Mesnard, on brief) Seyfarth, Shaw, Fairweather & Geraldson, Washington D.C., for petitioner.

Joshua T. Gillelan, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondents.

Robert P. Davis, Sol. of Labor, Carol A. De Deo, Associate Sol., Janet R. Dunlop, Washington, D.C., for Longshore.

Marianne Demetral Smith, Office of the Sol., U.S. Dept. of Labor, Washington D.C., for respondent Director.

Robert E. Walsh, Rutter & Montagna, Norfolk, Va., for respondent Parker.

Before HALL and WILKINS, Circuit Judges, and COPENHAVER, U.S. District Judge for the Southern District of West Virginia, sitting by designation.

COPENHAVER, District Judge:

Newport News Shipbuilding & Dry Dock Co. (Newport News) appeals a decision and order of the United States Department of Labor Benefits Review Board (the Board) reversing an Administrative Law Judge (ALJ) decision denying benefits to George A. Parker under the Longshore and Harbor Workers' Compensation Act (the Act), 33 U.S.C. §§ 901, et seq. Newport News appeals the following rulings: (1) the Board's affirmance of the...

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