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PITTSBURGH & CONNEAUT DOCK CO. v. DIRECTOR, WORKERS' COMP.

No. 05-3425.

473 F.3d 253 (2007)

PITTSBURGH & CONNEAUT DOCK CO., et al., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 4, 2007.

Attorney(s) appearing for the Case

ARGUED: Gregory P. Sujack, Garofalo, Schreiber, Hart & Storm, Chicago, Illinois, for Petitioners. Steven C. Schletker, Steven Schletker, Attorney at Law, Covington, Kentucky, for Respondents. ON BRIEF: Gregory P. Sujack, Garofalo, Schreiber, Hart & Storm, Chicago, Illinois, for Petitioners. Steven C. Schletker, Steven Schletker, Attorney at Law, Covington, Kentucky, for Respondents.

Before MOORE and McKEAGUE, Circuit Judges; POLSTER, District Judge.

MCKEAGUE, J., delivered the opinion of the court, in which POLSTER, D.J., joined. MOORE, J. (pp. 267-273), delivered a separate opinion concurring in part and dissenting in part.

AMENDED OPINION

McKEAGUE, Circuit Judge.

This case arises out of a claim for worker's compensation benefits under the Longshore and Harbor Workers' Compensation Act ("Longshore Act"). 33 U.S.C. § 901, et seq. Thomas Bordeaux was injured in the course and scope...

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