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LOCKHEED MARTIN CORP. v. MORGANTI

Docket No. 04-0500-AG.

412 F.3d 407 (2005)

LOCKHEED MARTIN CORPORATION, ACE USA, Petitioners, v. Lorraine MORGANTI, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2005.

Attorney(s) appearing for the Case

Keith L. Flicker, (Robert N. Dengler, on the brief), Flicker, Garelick & Associates, LLP, New York, NY, for Petitioners.

Daniel O. Rose (Marc S. Moller, Brendan S. Maher, on the brief), Kreindler & Kreindler LLP, New York, NY, for Respondent Lorraine Morganti.

Richard A. Seid (Howard M. Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Mark A. Reinhalter, Counsel for Longshore, on the brief), United States Department of Labor, Washington, DC, for Respondent Director.

Before: POOLER and B.D. PARKER, Circuit Judges, and CASTEL, District Judge.

POOLER, Circuit Judge.

Petitioners Lockheed Martin Corporation and ACE USA, the insurer for Lock-heed Martin Corporation, petition for review of the February 17, 2004, decision of the Benefits Review Board of the United States Department of Labor ("Board"), reversing the findings of Administrative Law Judge Paul H. Teitler of the United States Department of Labor ("ALJ"), holding Rocco Morganti ("Morganti") to have been covered...

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