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GALLE v. DIRECTOR, OWCP

No. 00-60075.

246 F.3d 440 (2001)

Andrew T. GALLE, deceased, Petitioner-Cross-Respondent, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. Department of Labor, Respondent, Ingalls Shipbuilding, Inc.; Aetna Casualty & Surety Company, Respondents-Cross-Petitioners.

United States Court of Appeals, Fifth Circuit.

March 26, 2001.

Attorney(s) appearing for the Case

Margaret M. Galle, D'Iberville, MS, pro se.

Richard P. Salloum, Traci Marie Castille, Paul B. Howell, Franke, Rainey & Salloum, Gulfport, MS, Kenneth Raymond Flottman, George Mitchell Simmerman, Jr., Ingalls Shipbuilding, Pascagoula, MS, for Ingalls Shipbuilding, Inc. and Aetna Cas. & Sur. Co.

Carol A. De Deo, U.S. Dept. of Labor, Dir., Office of Workers Comp. Programs, Mark Ambrose Reinhalter, Office of the Solicitor of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, Chris J. Gleasman, U.S. Dept. of Labor, Employment Standards Administration, New Orleans, LA, for Respondent.

Before REAVLEY, SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

The Court is asked to review final decisions of the Benefits Review Board determining that Galle's notice of appeal to the Board was timely and awarding a limited amount of compensation benefits under the Longshore and Harbor Worker's Compensation Act ("LHWCA"), 33 U.S.C. § 901 et seq. Plaintiff Andrew T. Galle appeals the Board's decision on the merits of his claim for disability...

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