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MAHER TERMINALS v. DIRECTOR, OFFICE OF WORKERS'

No. 01-3343.

330 F.3d 162 (2003)

MAHER TERMINALS, INC., Petitioner v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Vincent Riggio Respondents.

United States Court of Appeals, Third Circuit.

Filed May 29, 2003.

Attorney(s) appearing for the Case

William M. Broderick, (Argued), Richard P. Stanton, Jr., New York, for Petitioner.

Jim C. Gordon, Jr., Joshua T. Gillelan, II, United States Department of Labor, Office of the Solicitor, Washington, for Respondent Director, Office of Workers' Compensation Programs.

Philip J. Rooney, (Argued), Israel, Adler, Ronca & Gucciardo, New York, for Respondent Vincent Riggio.

Before BECKER, Chief Judge, SCIRICA, Circuit Judge and SHADUR, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

The sole question in this petition for review of the order of the United States Department of Labor, Benefits Review Board (the "Board") is whether the claimant, Vincent Riggio, is a covered maritime employee under the Longshore and Harbor Workers Compensation Act, 33 U.S.C. § 901 et seq. (the "Act"). Riggio was employed by petitioner Maher Terminals...

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