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INGALLS SHIPBUILDING v. DIRECTOR, OWCP

Nos. 91-4608, 91-4834 to 91-4836.

976 F.2d 934 (1992)

INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, and Calvin C. Rouse, Respondents. INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, and Annie L. Jackson-Tucker, Respondents. INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, and Catherine L. Benn, Respondents. INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, and Clydia Alford, Respondents.

United States Court of Appeals, Fifth Circuit.

November 5, 1992.

Attorney(s) appearing for the Case

Richard P. Salloum, Traci M. Castille, Franke, Rainey & Salloum, Gulfport, Miss., and George M. Simmerman, Jr., Ingalls Shipbuilding, Inc., Pascagoula, Miss., for Ingalls Shipbuilding, Inc.

Joshua T. Gillelan, III, Marianne Demetral Smith, Carol DeDeo, Associate Sol., U.S. Dept. of Labor, Washington, D.C., John F. Dillon, Rebecca J. Ainsworth, Lowry M. Lomax, Maples & Lomax, Pascagoula, Miss., for respondents.

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

Before POLITZ, Chief Judge, SMITH and BARKSDALE, Circuit Judges.

POLITZ, Chief Judge:

Ingalls Shipbuilding, Inc. again seeks relief from statutory penalties for late payment of Longshore and Harbor Workers' Compensation Act1 claims on the basis of a letter of excuse granted by the deputy commissioner2 of the Department of Labor's Office of Workers' Compensation Programs. Bound by our prior decision holding this letter invalid, and declining to apply the principles of equitable...

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