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CAJUN TUBING TESTORS, INC. v. HARGRAVE

No. 91-4463 Summary Calendar.

951 F.2d 72 (1992)

CAJUN TUBING TESTORS, INC., Employer and Pacific Marine Insurance Company, Carrier, Petitioners, v. Sandres HARGRAVE and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

January 16, 1992.

Attorney(s) appearing for the Case

Andrew H. Meyers, Preis & Kraft, Lafayette, La., for petitioners.

Samuel J. Oshinsky, Carol DeDeo, Assoc. Solicitor, U.S. Dept. of Labor, Washington, D.C., for Director.

Lisa L. Lahrman, Clerk BRB, Dept. of Labor, Washington, D.C., for other interested parties.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PER CURIAM:

Cajun Tubing Testors, Inc. and Pacific Marine Insurance Co. seek review of a decision of the Department of Labor's Benefits Review Board dismissing their application for section 8(f) relief. 33 U.S.C. § 908(f). The sole issue before us is whether the deputy commissioner was entitled to dismiss petitioners' application because it was not timely filed within the meaning of 20 C.F.R. § 702.321(b). Because the application

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