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NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO. v. WORKERS' COMPENSATION PROGRAMS

No. 05-2406.

477 F.3d 123 (2007)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; David Hassell, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 2007.

Attorney(s) appearing for the Case

ARGUED: Jonathan Henry Walker, Mason, Mason, Walker & Hedrick, P.C., Newport News, Virginia, for Petitioner.

Rita A. Roppolo, United States Department of Labor, Office of the Solicitor, Washington, D.C.; Gregory Edward Camden, Montagna, Klein, Camden, L.L.P., Norfolk, Virginia, for Respondents. ON BRIEF: Charlene Parker Brown, Montagna, Klein, Camden, L.L.P., Norfolk, Virginia, for Respondent David Hassell; Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Mark A. Reinhalter, for Longshore, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Federal Respondent.

Before WILLIAMS and TRAXLER, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Petition denied by published opinion. Judge FLOYD wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

FLOYD, District Judge.

Newport News Shipbuilding and Dry Dock Company (Newport News) petitions this Court for review of a decision and order of the Benefits Review Board (BRB), which granted attorney's fees to David Hassell under the Longshore and Harbor Workers' Compensation Act (LHWCA). For the...

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