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NEWPORT NEWS SHIPBUILDING AND DRY DOCK v. STILLEY

No. 00-1155.

243 F.3d 179 (2001)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Marie STILLEY, Widow of Lyman Stilley; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: March 12, 2001.

Attorney(s) appearing for the Case

ARGUED: Lawrence Philip Postol, Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, for Petitioner. Andrew David Auerbach, United States Department of Labor, Washington, DC, for Respondent Director; Gary Richard West, Patten, Wornom, Hatten & Diamonstein, Newport News, VA, for Respondent Stilley.

ON BRIEF: Henry L. Solano, Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Mark Reinhalter, Senior Attorney, United States Department of Labor, Washington, DC, for Respondent Director.

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Petition for review denied by published opinion. Judge MICHAEL wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.

OPINION

MICHAEL, Circuit Judge:

Lyman Stilley's disability and (in part) his death were caused by mesothelioma, an asbestos-related lung disease. His widow was awarded benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) against Newport News Shipbuilding and Dry Dock Company (Newport News...

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