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BATH IRON WORKS v. DIRECTOR, O.W.C.P.

No. 96-2163.

137 F.3d 673 (1998)

BATH IRON WORKS CORPORATION and Commercial Union Insurance Company, Petitioners, Appellants, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided March 6, 1998.

Attorney(s) appearing for the Case

Kevin M. Gillis with whom Troubh, Heisler & Piampiano, Portland, ME, was on brief, for petitioners.

G. William Higbee with whom McTeague, Higbee, MacAdam, Case, Watson & Cohen, Topsham, ME, was on brief, for respondents.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and LYNCH, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Russell E. Harford, Jr., a long time insulation installer for defendant Bath Iron Works Corp. (BIW), had to quit work because of shortness of breath. Suit is brought on his behalf by the Director, Office of Workers' Compensation Programs, U.S. Department of Labor, under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq., for work-related disability due to "Asbestosis and related diseases...

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