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MAXON MARINE, INC. v. DIR., OFFICE OF WORK. COMP. PROG.

No. 94-1435.

39 F.3d 144 (1994)

MAXON MARINE, INCORPORATED, Plaintiff-Appellant, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1994.

Rehearing and Suggestion for Rehearing Denied December 23, 1994.

Attorney(s) appearing for the Case

Gregory P. Sujack (argued), David F. Buysse, Garofalo, Hanson, Schreiber & Vandlik, Chicago, IL, for plaintiff-appellant.

Michael J. Shepard, Asst. U.S. Atty., Crim. Div., Chicago, IL, Carol A. DeDeo, Janet Dunlop, Dept. of Labor, Office of Workers' Compensation Program, Thomas S. Williamson, Jr., Dept. of Labor, Michael S. Hertzig (argued), U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs.

H. Thomas Lenz, Spector & Lenz, Chicago, IL, Steven C. Schletker (argued), Covington, KY, for Randall Hawkins.

Before POSNER, Chief Judge, and COFFEY and KANNE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 23, 1994.

POSNER, Chief Judge.

Maxon Marine, Inc., claiming to be exempt from the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901 et seq., a workers' compensation statute, brought suit in federal district court for declaratory relief against the Department of Labor's Office of Workers' Compensation Programs, which administers the Act. The district judge dismissed...

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