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IN RE CSX TRANSP., INC.

Nos. 97-2038, 97-2053.

151 F.3d 164 (1998)

In re CSX TRANSPORTATION, INCORPORATED, Petitioner. Larry W. SHIVES, Plaintiff-Appellee, v. CSX TRANSPORTATION INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1998.

Attorney(s) appearing for the Case

ARGUED: Eric Rawson Harlan, Stephen Bennett Caplis, Whiteford, Taylor & Preston, L.L.P., Baltimore, Maryland, for Appellant. Perry Matthew Darby, Albertini & Darby, Baltimore, Maryland, for Appellee. ON BRIEF: Guy M. Albertini, Allan B. Rabineau, Theresa A. Rosendale, Albertini & Darby, Baltimore, Maryland, for Appellee.

Before NIEMEYER and MICHAEL, Circuit Judges, and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge FRIEDMAN joined.

OPINION

NIEMEYER, Circuit Judge:

The question presented is whether a worker was engaged, at the time of his work-related injury, in "maritime employment" as defined in the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 902(3), when his job at a marine terminal included the loading and unloading...

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