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KRESCHOLLEK v. SOUTHERN STEVEDORING CO.

No. 95-5253.

78 F.3d 868 (1996)

Carl KRESCHOLLEK, Appellant, v. SOUTHERN STEVEDORING COMPANY; Lumbermen's Mutual Casualty Co.; Robert Reich, Secretary of Labor, and R. David Lotz, Regional Director, Region III, Office of Workers' Compensation Programs, United States Department of Labor.

United States Court of Appeals, Third Circuit.

Decided March 18, 1996.

Attorney(s) appearing for the Case

David M. Linker (Argued), Freedman & Lorry, Philadelphia, PA, for Appellant Carl Kreschollek.

David R. Kunz, Post & Schell, Philadelphia, PA, for Appellees Southern Stevedoring Co. and Lumbermen's Mutual Casualty Co.

Steven J. Mandel, Allen H. Feldman, Deborah Greenfield (Argued), United States Department of Labor, Washington, DC, for Appellee Secretary of Labor and Regional Director, Offc. of Workers' Compensation Programs.

Before: SLOVITER, Chief Judge, STAPLETON and SAROKIN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Carl Kreschollek appeals from the district court's order dismissing for lack of subject matter jurisdiction his complaint interposing a facial challenge to the constitutionality of section 14 of the Longshore and Harbor Workers' Compensation Act (Longshore Act or Act). The district court so ruled after concluding that Kreschollek's claim could be raised in his pending administrative proceeding and thereafter on...

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