BARNARD v. ZAPATA HAYNIE CORP.

No. 92-1017.

975 F.2d 919 (1992)

George BARNARD, Plaintiff, Respondent, v. ZAPATA HAYNIE CORPORATION and Aetna Casualty and Surety Company, Defendants, Petitioners.

United States Court of Appeals, First Circuit.

Decided September 15, 1992.

Order on Denial of Rehearing October 15, 1992.


Attorney(s) appearing for the Case

Terry A. Fralich with whom Peter J. DeTroy, III and Norman, Hanson & DeTroy were on brief, for defendants, petitioners.

William H. Welte with whom Joseph M. Cloutier & Associates was on brief, for plaintiff, respondent.

Before SELYA, Circuit Judge, LAY, Senior Circuit Judge, and PIERAS, District Judge.


LAY, Senior Circuit Judge.

This case involves the question whether the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1988) (LHWCA), preempts a suit brought by George Barnard against his former employer and its insurer for intentional failure to make timely compensation payments. The defendants, Zapata Haynie Corporation (Zapata) and Aetna Casualty and Surety Company (Aetna), moved for judgment on the pleadings pursuant to Fed.R.Civ...

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