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INGALLS SHIPBUILDING, INC. v. ASBESTOS HEALTH CLAIMANTS

No. 93-7077.

17 F.3d 130 (1994)

INGALLS SHIPBUILDING, INC., Plaintiff/Appellee, v. ASBESTOS HEALTH CLAIMANTS, Intervenors-Appellants, and N. Sandra Kitchin, District Director for the Sixth Compensation District, Office of Workers' Compensation Programs, United States Department of Labor, Defendant/Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 1994.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II, U.S. Dept. of Labor, Office of Sol., Washington, DC, for Kitchin.

Hayden S. Dent, Pascagoula, for Asbestos Health Claimants.

Richard P. Salloum, Paul M. Franke, Jr., Franke, Rainey & Salloum, Gulfport, MS, William J. Powers, Jr., George M. Simmerman, Jr., Ingalls Shipbuilding-Law Dept., Pascagoula, MS, for plaintiff-appellee.

Before JOHNSON, GARWOOD, and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

Ingalls Shipbuilding, Inc. ("Ingalls") filed the instant action seeking to compel N. Sandra Kitchin, the District Director for the Sixth Compensation District (the "Director"), to transfer the asbestos claims of approximately 3,100 former Ingalls' shipyard workers to the Office of the Administrative Law Judge ("OALJ") for a hearing. The district court granted a writ of mandamus ordering the Director to refer the cases. The Director appeals...

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