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JONATHAN CORP. v. BRICKHOUSE

Nos. 97-1039, 96-2457.

142 F.3d 217 (1998)

JONATHAN CORPORATION, Petitioner, v. Michael C. BRICKHOUSE; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents, JONATHAN CORPORATION, Petitioner, v. Michael C. BRICKHOUSE; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided April 23, 1998.

Attorney(s) appearing for the Case

ARGUED: F. Nash Bilisoly, IV, Vandeventer, Black, Meredith & Martin, L.L.P., Norfolk, VA, for Petitioner. John Harlow Klein, Rutter & Montagna, L.L.P., Norfolk, VA, for Respondents. ON BRIEF: Kelly O. Stokes, Vandeventer, Black, Meredith & Martin, L.L.P., Norfolk, VA, for Petitioner. Matthew H. Kraft, Rutter & Montagna, L.L.P., Norfolk, VA, for Respondents.

Before RUSSELL, NIEMEYER, and WILLIAMS, Circuit Judges.

Petition for review granted and order of the Benefits Review Board reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS joined.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the jurisdictional question of whether the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 901 et seq., covers an employee's injury sustained in a steel fabrication plant near navigable water. Coverage...

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