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NORFOLK SHIPBUILDING & DRYDOCK CORP. v. FAULK

No. 99-1755.

228 F.3d 378 (2000)

NORFOLK SHIPBUILDING & DRYDOCK CORPORATION, Petitioner, v. Theodore FAULK; Director, Office of Workers' Compensation Programs, United States Department of Labor; Newport News Shipbuilding and Dry Dock Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 11, 2000.

Ordered Published: September 25, 2000.

Attorney(s) appearing for the Case

ARGUED: Gerard E.W. Voyer, Taylor & Walker, Norfolk, Virginia, for Petitioner. Benjamin McMullan Mason, Mason, Cowardin & Mason, Newport News, Virginia, for Respondent Newport News Shipbuilding; Kristin Marie Dadey, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director; Gary Richard West, Patten, Wornom, Hatten & Diamonstein, L.C., Newport News, Virginia, for Respondent Faulk. ON BRIEF: Donna White Kearney, Taylor & Walker, Norfolk, Virginia, for Petitioner. Lexine D. Walker, Mason, Cowardin & Mason, Newport News, Virginia, for Respondent Newport News Shipbuilding. Henry L. Solano, Solicitor of Labor, Carol A. De Deo, Associate Solicitor for Employee Benefits, Samuel J. Oshinsky, for Longshore, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director.

Before WILKINS and MICHAEL, Circuit Judges, and DUFFY, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published per curiam opinion.

OPINION

PER CURIAM:

Norfolk Shipbuilding & DryDock Corporation ("Norshipco") petitions for review of the order of the Benefits Review Board of the Department of Labor ("Board") affirming the administrative law judge's ("ALJ") order finding Norshipco the responsible employer and awarding permanent total disability benefits to Theodore R. Faulk for asbestos-related peritoneal mesothelioma under the Longshore...

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