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HURSTON v. DIRECTOR, OWCP

No. 91-70528.

989 F.2d 1547 (1993)

Harry HURSTON, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; McGray Construction Company; Beaver Insurance Company, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1993.

Attorney(s) appearing for the Case

John R. Hillsman, McGuinn, Hillsman & Palefsky, San Francisco, CA, for petitioner.

Marianne Demetral Smith, U.S. Dept. of Labor, Washington, DC, for respondent Director, Office of Workers' Compensation Program.

Roger A. Levy, Laughlin, Falbo, Levy & Moresi, San Francisco, CA, for respondents McGray Const. Co. and Beaver Ins. Co.

Before: ALARCON, RYMER, and T.G. NELSON, Circuit Judges.

RYMER, Circuit Judge:

Harry Hurston petitions for review of the Benefits Review Board decision and order denying him benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950. We must decide whether a structure built on pilings that reaches from land to navigable water is a "pier" which is a covered situs under § 903(a) even though it is not used for a traditional maritime activity such as the loading or repair of...

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