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PERU v. SHARPSHOOTER SPECTRUM VENTURE LLC

No. 05-75337.

493 F.3d 1058 (2007)

Cheryl PERU, Petitioner, v. SHARPSHOOTER SPECTRUM VENTURE LLC; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2007.

Attorney(s) appearing for the Case

Jay Lawrence Friedheim, Honolulu, HI, Joshua T. Gillelan, II, Longshore Claimants' National Law Center, Washington, DC, for the petitioner.

Michael Formby and Michael J. Nakano, Frame Formby and O'Kane, Honolulu, HI, for respondent Sharpshooter Spectrum Venture.

Thomas Shepard, Benefits Review Board, Washington, DC, Carol DeDeo, Mark A. Reinhalter, Barry H. Joyner, Michael Niss, United States Department of Labor, Office of the Solicitor, Washington, DC, for the respondent.

Before: STEPHEN S. TROTT, KIM McLANE WARDLAW, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

In this petition for review, we must determine whether an employee of a company that shoots, processes, and sells photographs to tourists on a historic naval ship is entitled to collect benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 901-950 (2006), or is barred from recovery by the LHWCA's express exclusion of "individuals employed by a . . . museum[] or retail outlet." 33 U.S.C. &...

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