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AVONDALE INDUSTRIES, INC. v. ALARIO

No. 02-60470.

355 F.3d 848 (2003)

AVONDALE INDUSTRIES, INC., Petitioner, v. Ray ALARIO; Joseph Howard; Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

December 29, 2003.

Attorney(s) appearing for the Case

Christopher Marc Landry (argued), Blue Williams, Metairie, LA, for Petitioner.

John Duroc Gibbons, Gardner, Middlebrooks, Gibbons & Kittrell, Mobile, AL, for Alario.

Frank A. Bruno (argued), New Orleans, LA, for Howard.

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

Before SMITH, DENNIS and CLEMENT, Circuit Judges.

DENNIS, Circuit Judge:

Petitioner Avondale Industries, Inc. ("Avondale") challenges the Benefit Review Board's ("BRB") award of attorney's fees to respondents Ray Alario and Joseph Howard under section 28(a) of the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 928(a).1 For the following reasons, we deny Avondale's petition for review.

I. BACKGROUND

Respondents were Avondale employees. Each...

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