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INGALLS SHIPBUILDING v. WORKERS' COMP. PROGRAMS

No. 94-40716.

65 F.3d 460 (1995)

INGALLS SHIPBUILDING, INC., et al., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Maggie Yates (Widow of Jefferson Yates), Respondents.

United States Court of Appeals, Fifth Circuit.

October 3, 1995.

Attorney(s) appearing for the Case

Richard P. Salloum, Paul B. Howell, Franke, Rainey & Salloum, Gulfport, MS, for petitioners.

Mark A. Reinhalter, Carol DeDeo, Associate Solicitor of Labor, U.S. Dept. of Labor, Washington, DC, for Director, Office of Workers' Compensation Programs.

Wynn E. Clark, Gulfport, MS, Ransom P. Jones, III, Pascagoula, MS, for Yates.

Paul E. Trayers, Clerk, Benefits Review Bd., Washington, DC, for other interested parties.

Before WISDOM, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Ingalls Shipbuilding (Ingalls) appeals the order of the Benefits Review Board (BRB) awarding Maggie Yates death benefits under section 9 of the Longshore and Harbor Workers Compensation Act (the "Act"), 33 U.S.C. § 909. We affirm.

I.

Jefferson Yates worked periodically as a shipfitter for Ingalls in Pascagoula, Mississippi, from 1953 until 1967, during which time he was exposed to asbestos. He worked in unrelated...

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