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EQUITABLE EQUIPMENT CO. v. DIRECTOR, OWCP

No. 98-60640. Summary Calendar.

191 F.3d 630 (1999)

EQUITABLE EQUIPMENT COMPANY, part of Trinity Marine Group, a division of Trinity Industries, Inc., Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. Department of Labor; Fidelity and Casualty Company of New York; Aetna Casualty and Surety Company; and, Wausau Insurance Companies, Respondents.

United States Court of Appeals, Fifth Circuit.

October 15, 1999.

Attorney(s) appearing for the Case

Peter L. Hilbert, Jr., Darnell S. Bludworth, Sher, Garner, Cahill, Richter, Klein, McAlister & Hilbert, New Orleans, LA, for Petitioner.

John M. Sartin, Jr., Cornelius, Sartin & Murphy, New Orleans, La, for Fidelity & Casualty Company of New York.

Timothy M. Waller, Sr., Waller & Associates, Metairie, LA, for Aetna Casualty & Surety Company.

Dean A. Sutherland, New Orleans, La, for Wausau Insurance Company.

Thomas O. Sheperd, Jr., Clerk, Benefits Review Board, Carol A. De Deo, U.S. Department of Labor, Dir., Office of Workers Comp. Programs, Washington DC, for Director, Office of Worker's Comp. Program, U.S. Dept. of Labor.

Before HIGGINBOTHAM, JONES and DENNIS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case, initially involving a claim for compensation under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), has evolved into a dispute between Equitable Equipment Company ("Equitable") and its former insurers. The Benefits Review Board ("BRB") dismissed Equitable's claim for attorneys' fees for lack of jurisdiction. We affirm.

I. FACTUAL AND PROCEDURAL HISTORY

E. Elliot Jourdan died from injuries sustained...

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