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NEWPORT NEWS SHIPBUILDING & DRY DOCK v. RILEY

No. 00-1591.

262 F.3d 227 (2001)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Lynette RILEY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: May 29, 2001.

Attorney(s) appearing for the Case

ARGUED: Jonathan Henry Walker, MASON, COWARDIN & MASON, P.C., Newport News, Virginia, for Petitioner.

Robert Elliott Walsh, RUTTER, WALSH, MILLS & RUTTER, L.L.P., Norfolk, Virginia; Mark A. Reinhalter, Senior Appellate Attorney, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

ON BRIEF: Christopher R. Hedrick, MASON, COWARDIN & MASON, P.C., Newport News, Virginia, for Petitioner.

Henry L. Solano, Solicitor of Labor, Carol A. De Deo, Associate Solicitor for Employee Benefits, Kristin M. Dadey, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and Frederic N. SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge SMALKIN joined.

OPINION

WILLIAMS, Circuit Judge:

Newport News Shipbuilding and Dry Dock Company (Newport News) appeals from a decision of the Benefits Review Board awarding disability benefits under the Longshore and Harbor Workers Compensation Act, 33 U.S.C.A. §§ 901 et seq., to Lynette Riley. Because Riley made out a prima...

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