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BATH IRON WORKS v. DIRECTOR, OWCP

No. 96-2106.

125 F.3d 18 (1997)

BATH IRON WORKS CORPORATION, Birmingham Fire Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, First Circuit.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Kevin M. Gillis with whom Troubh, Heisler & Piampiano was on brief, for petitioners Bath Iron Works Corporation and Birmingham Fire Insurance Company.

Stephen Hessert with whom Norman, Hanson & DeTroy was on brief, for insurer respondent Liberty Mutual Insurance Company.

Gary A. Gabree with whom Stinson, Lupton & Weiss was on brief, for claimant respondent Alvin D. Acord.

Before SELYA, Circuit Judge, HILL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

Alvin Acord suffered injuries while employed by Bath Iron Works Corporation, and obtained benefits after state workers' compensation proceedings. He then sought and received a further award under the Longshore Act, 33 U.S.C. §§ 901 et seq. On this appeal, we hold that the federal award was barred by collateral estoppel, and, for the benefit of future litigants, we address briefly the alternative statute of limitations defense...

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