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ADMIRALTY COATINGS CORP. v. EMERY

No. 97-2639.

228 F.3d 513 (2000)

ADMIRALTY COATINGS CORPORATION, Petitioner, v. William B. EMERY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: September 21, 2000.

Attorney(s) appearing for the Case

ARGUED: F. Nash Bilisoly, IV, Vandeventer Black, L.L.P., Norfolk, Virginia, for Petitioner. Elizabeth Hopkins, United States Department of Labor, Washington, D.C.; Ralph Rabinowitz, Rabinowitz, Rafal, Swartz, Taliaferro & Gilbert, P.C., Norfolk, Virginia, for Respondents. ON BRIEF: Kelly Outten Stokes, Vandeventer Black, L.L.P., Norfolk, Virginia, for Petitioner. Marvin Krislov, Deputy Solicitor for National Operations, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, United States Department of Labor, Washington, D.C., for Respondent Director.

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Petition for review denied by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.

KING, Circuit Judge:

Admiralty Coatings Corporation petitions for review of the Decision and Order of the Benefits Review Board ("BRB") awarding to William B. Emery, on a continuing basis, temporary partial disability benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA") for a shoulder injury sustained in the...

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