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TEMPORARY EMPLOYMENT SERVICES v. TRINITY MARINE GROUP

No. 00-60064.

261 F.3d 456 (2001)

TEMPORARY EMPLOYMENT SERVICES; Maryland Casualty Co., Petitioners, and Director, Office of Worker's Compensation Programs, U.S. Department of Labor, Respondent. v. TRINITY MARINE GROUP, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

Revised August 29, 2001.

Attorney(s) appearing for the Case

B. Ralph Bailey (argued), Law Office of B. Ralph Bailey, Mandeville, LA, for Petitioners.

Peter L. Hilbert, Jr., Darnell S. Bludworth (argued), Sher Garner Cahill Richter Klein McAlister & Hilbert, New Orleans, LA, for Trinity Marine Group, Inc.

Carol A. De Deo, U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Joshua T. Gillelan, II (argued), Office of the Solicitor of Labor, Washington, DC, Michael O. Brewer, U.S. Dept. of Labor, Employment Standards Administration, New Orleans, LA, for Director, Office of Worker's Compensation Programs.

Before KING, Chief Judge, and ALDISERT and BENAVIDES, Circuit Judges.

KING, Chief Judge:

Petitioners Temporary Employment Services, Inc. and Maryland Casualty Company appeal from the final order of the Benefits Review Board holding them liable for compensation owed to Leroy Ricks under the Longshore and Harbor Workers' Compensation Act and advocate a reversal of the Benefits Review Board's decision on the merits. Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor, urges reversal on the ground...

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