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DiGIOVANNI v. TRAYLOR BROS., INC.

No. 94-1775.

97 F.3d 624 (1996)

Rocco P. DiGIOVANNI, Jr., Plaintiff, Appellant, v. TRAYLOR BROTHERS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 10, 1996.

Attorney(s) appearing for the Case

David B. Kaplan, Thomas M. Bond, The Kaplan/Bond Group, Boston, MA, Paul V. Gallogly, and Lovett, Schefrin, Gallogly & Harnett, Ltd., Providence, RI, on brief, for appellant.

Andrew Rothschild, Eric D. Paulsrud, and Lewis, Rice & Fingersh, L.C., St. Louis, MO, on brief, for appellee.

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

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

PER CURIAM.

This appeal comes before the en banc court following the withdrawal of a two-to-one decision, issued on February 6, 1996, in which a panel of this court vacated a judgment of the United States District Court for the District of Rhode Island.1 The en banc court similarly withdrew a decision handed down by a different panel that construed the same federal statute, namely, section 905(b) of the Longshore and Harbor Workers' Compensation...

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