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MOREHEAD v. ATKINSON-KIEWIT, J/V

No. 94-1581.

97 F.3d 603 (1996)

Mark MOREHEAD, Plaintiff, Appellant, v. ATKINSON-KIEWIT, J/V, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 10, 1996.

Attorney(s) appearing for the Case

Thomas M. Bond, David B. Kaplan and The Kaplan/Bond Group, Boston, MA, on brief, for plaintiff, appellant.

Thomas E. Clinton, Robert E. Collins and Clinton & Muzyka, P.C., Boston, MA, on brief, for defendants, appellees.

Myles W. McDonough and Sloane and Walsh, Boston, MA, on brief, for amici curiae J.M Cashman, Inc. and Cashman, KPA, A Joint Venture.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, SELYA, CYR, BOUDIN, STAHL and LYNCH, Circuit Judges.

OPINION EN BANC

LEVIN H. CAMPBELL, Senior Circuit Judge.

This appeal comes before the en banc court following our vacating of an unpublished panel decision in this case issued on February 6, 1996, affirming the decision of the district court. On the day of the panel opinion, another panel of this court handed down a decision construing the federal statute underlying both appeals in a materially different way.

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