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COOPER/T. SMITH STEVEDORING CO., INC. v. LIUZZA

No. 01-60643.

293 F.3d 741 (2002)

COOPER/T. SMITH STEVEDORING COMPANY, INCORPORATED, Petitioner, v. Rosemary LIUZZA, Widow of Jake Liuzza; Director, Office of Worker's Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 5, 2002.

Attorney(s) appearing for the Case

Alan G. Brackett, Daniel J. Hoerner, Mouledoux, Bland, Legrand & Brackett, New Orleans, LA, for Petitioner.

John F. Dillon, Donni E. Young, Scott Michael Galante, Ness, Motley, Loadholt, Richardson & Poole, New Orleans. LA, for Liuzza.

Peter Brule Silvain, Jr., Carol A. De Deo, Samuel Jay Oshinsky, U.S Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, Michael O. Brewer, U.S Dept. of Labor, Employment Standards Administration, New Orleans, LA, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor.

Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Cooper/T. Smith Stevedoring Company, Incorporated (Cooper/T.Smith), petitions for review of a final order of the Benefits Review Board (BRB) issued January 10, 2000, and a final order of the BRB issued June 29, 2001, affirming a decision and order on remand by an administrative law judge (ALJ) awarding disability and death benefits pursuant to the Longshore and Harbor Workers' Compensation Act (LHWCA...

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