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NEW ORLEANS STEVEDORES v. IBOS

No. 01-60480.

317 F.3d 480 (2003)

NEW ORLEANS STEVEDORES; Signal Mutual Administration, Ltd., Petitioners-Cross-Respondents, v. Peggy IBOS, Surviving spouse of Bertrand Ibos, Jr.; Respondent-Cross-Petitioner, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

January 16, 2003.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura Metcoff Klaus, Greenberg Traurig, Washington, DC, for Petitioners-Cross-Respondents.

Lloyd N. Frischhertz (argued), Andrew William Horstmyer, Frischhertz & Associates, New Orleans, LA, for Ibos.

Joshua T. Gillelan, II (argued), Carol A. De Deo, 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 Respondent.

Carl Larsen Taylor, Wilcox Carroll & Froelich, Washington, DC, for National Ass'n of Waterfront Employers, Amicus Curiae.

Before KING, Chief Judge, and JONES and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This case is on review of a judgment of the United States Department of Labor's Benefits Review Board (the "BRB"), affirming a decision of an administrative law judge (the "ALJ"). The ALJ held that New Orleans Stevedores ("NOS") is liable for compensation owed to Bertrand and Peggy Ibos (respectively, "Decedent" and "Claimant") under the Longshore and Harbor Workers' Compensation Act (the "LHWCA"),1 but...

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