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AMERICAN STEVEDORING LTD. v. MARINELLI

No. 00-4180.

248 F.3d 54 (2001)

American Stevedoring Limited, Petitioner, v. Victor Marinelli, Office of Workers' Compensation Programs, U.S. Dept. of Labor, Respondents.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 26, 2001.

Attorney(s) appearing for the Case

LAWRENCE P. POSTAL, Seyfarth Shaw, Washington, D.C., for Petitioner.

PHILIP J. ROONEY, Israel, Adler, Ronca & Gucciardo, New York, N Y, for Respondent Victor Marinelli.

JOSHUA T. GILLELAN II, Senior Attorney, Office of the Solicitor of Labor, Division of Employee Benefits, Washington, D.C., for Respondent Director, OWCP.

Before: SOTOMAYOR and JACOBS, Circuit Judges, and BERTELSMAN, District Judge.

SOTOMAYOR, Circuit Judge:

Petitioner American Stevedoring Limited ("ASL") appeals from an order of the Benefits Review Board of the United States Department of Labor (the "Board") affirming the decision of an administrative law judge ("ALJ") awarding respondent Victor Marinelli ("Marinelli") permanent total disability compensation under the Longshore and Harbor Workers' Compensation Act ("LHWCA" or the "Act"), 33 U.S.C. § 901 et seq. ASL argues on appeal...

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