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BURTON v. STEVEDORING SERVICES OF AMERICA

No. 98-70580.

196 F.3d 1070 (1999)

James L. BURTON, Petitioner, v. STEVEDORING SERVICES OF AMERICA; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1999.

Attorney(s) appearing for the Case

Meagan A. Flynn, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Oregon, for the petitioner.

Dennis R. VavRosky, VavRosky, MacColl, Olson, Busch & Pfeifer, Portland, Oregon, for the respondents.

Before: Fernandez, T.G. Nelson, and Thomas, Circuit Judges.

FERNANDEZ, Circuit Judge:

James L. Burton petitions for review of an order of the Benefits Review Board (BRB or Board) on March 23, 1998, which affirmed the setting of his benefits at a nominal amount. He claims that the proceedings after September 11, 1996, were a nullity, and as a result an August 9, 1993, determination by the Administrative Law Judge, which set his compensation at a much higher level, is the existing award.

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