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BUCK v. ACANDS, INC.

A126553, A126554, A126555, A126556.

154 P.3d 750 (2007)

211 Or. App. 324

Dennis BUCK, Plaintiff-Appellant, v. ACANDS, INC., et al., Defendants, and Seariver Maritime, Inc., a Delaware corporation, individually and as successor-in-interest to Exxon Shipping Company and Central Gulf Lines, Inc., a Delaware corporation, Defendants-Respondents. Larry Dellwo, Plaintiff-Appellant, v. Acands, Inc., et al., Defendants, and Seariver Maritime, Inc., a Delaware corporation, individually and as successor-in-interest to Exxon Shipping Company, and Keystone Shipping Company, a Delaware corporation, wholly owned by Chas Kurz & Co., individually and as successor-in-interest to Keystone Tankship Corporation, Defendants-Respondents. Donald Dillman, Plaintiff-Appellant, v. Acands, Inc., et al., Defendants, and Seariver Maritime, Inc., a Delaware corporation, individually and as successor-in-interest to Exxon Shipping Company, Defendant-Respondent. Larry Hess, Plaintiff-Appellant, v. Acands, Inc., et al., Defendants, and Seariver Maritime, Inc., a Delaware corporation, individually and as successor-in-interest to Exxon Shipping Company, and Keystone Shipping Company, a Delaware corporation, wholly owned by Chas Kurz & Co., individually and as successor-in-interest to Keystone Tankship Corporation, Defendants-Respondents.

Court of Appeals of Oregon.

Decided March 14, 2007.

Attorney(s) appearing for the Case

Nancy B. Thorington argued the cause for appellants. On the briefs were Elaine J. Brown, Scott Niebling, Gill Purcell, and Brayton Purcell, LLP.

Thomas W. Sondag, Portland, argued the cause for respondent SeaRiver Maritime, Inc. With him on the brief was Lane Powell PC.

Todd A. Zilbert, Portland, argued the cause for respondents Keystone Shipping Company and Central Gulf Lines, Inc. With him on the brief were Craig C. Murphy, Portland, and Wood Tatum Sanders and Murphy.

Before SCHUMAN, Presiding Judge, and LANDAU and ORTEGA, Judges.

SCHUMAN, P.J.

Plaintiffs are four ship repair workers who have asbestos-related diseases that they attribute to conditions encountered over several decades on various ships owned by one or another of defendants: SeaRiver Maritime, Inc. (SeaRiver), Keystone Shipping Company (Keystone), Central Gulf Lines, Inc. (Central Gulf), and ACandS, Inc. Each plaintiff brought an action alleging a claim under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 USC sections...

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