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DIR., WORKERS' COMP. v. NEWPORT NEWS SHIPBUILDING

No. 96-2654.

138 F.3d 134 (1998)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Respondent, and Callis Carmines, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

ARGUED: Joshua Thomas Gillelan, II, Sr. Attorney, Office of Solicitor, U.S. Department of Labor, Washington, DC, for Petitioner. Jonathan Henry Walker, Mason & Mason, P.C., Newport News, VA, for Respondent. ON BRIEF: J. Davitt McAteer, Acting Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Office of the Solicitor, U.S. Department of Labor, Washington, DC, for Petitioner.

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge MOTZ and Senior Judge BUTZNER joined.

OPINION

MURNAGHAN, Circuit Judge:

A maritime worker exposed to asbestos during 30 years of employment filed a claim for disability benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950. His employer did not contest the right to benefits for his asbestosis. However, the employer...

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