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DAY v. JAMES MARINE, INC.

No. 06-4004.

518 F.3d 411 (2008)

Larry D. DAY, Petitioner, v. JAMES MARINE, INC., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Joshua Gillelan II, Longshore Claimants' National Law Center, Washington, D.C., for Petitioner. Robert D. Nienhuis, Goldstein & Price, St. Louis, Missouri, Rita Roppolo, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Joshua Gillelan II, Longshore Claimants' National Law Center, Washington, D.C., Steven C. Schletker, Steven Schletker, Attorney at Law, Covington, Kentucky, for Petitioner. Robert D. Nienhuis, Goldstein & Price, St. Louis, Missouri, Rita Roppolo, Mark A. Reinhalter, United States Department of Labor, Washington, D.C., for Respondents.

Before: ROGERS and SUTTON, Circuit Judges; BERTELSMAN, District Judge.

SUTTON, J., delivered the opinion of the court, in which BERTELSMAN, D.J., joined. ROGERS, J. (pp. 421-25), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

There is a little more to this dispute than the topic (attorney's fees) and the amount at stake (less than $15,000) would suggest. Larry Day says that the Benefits Review Board erred in determining that a portion of the fees he incurred in...

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