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CHRISTENSEN v. DIRECTOR, OWCP

Nos. 07-70247, 07-70297, 07-73886, 07-73549.

576 F.3d 976 (2009)

Bruce W. CHRISTENSEN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; District of Oregon, Stevedoring Services of America; Homeport Insurance Co., Respondents. Arel Price, Petitioner, v. U.S. Department of Labor; Stevedoring Services of America; Homeport Insurance Co.; Eagle Pacific Insurance Company, Respondents. David Van Skike, Petitioner, v. Director, Office of Workers Compensation Programs; Cenex Harvest States Cooperative; Liberty Northwest Insurance Corp., Respondents. Rex Dyer, Petitioner, v. Cenex Harvest States Cooperative; Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

August 10, 2009.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, OR, Joshua Thomas Gillelan, II, Esquire, Washington, DC, for Bruce W. Christensen.

Carol Dedeo, Esquire, Michael Niss, Esquire, Mark A. Reinhalter, Esquire, LABR-U.S. Department of Labor Office of the Solicitor, Thomas Shepard, Esquire, Benefit Review Board, Rita Roppolo, Esquire, U.S. Department of Labor, Washington, DC, Karen P. Staats, Esquire, OWCP Longshore and Harbor Workers Programs, Seattle, WA, Phillip Williams, Esquire, U.S. Department of Labor, San Francisco, CA, for Director, Office of Workers Compensation Programs.

John R. Dudrey, Esquire, Williams, Fredrickson & Stark, P.C., Portland, OR, for Stevedoring Services of America and Homeport Insurance Co.

Before: W. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and JOHN M. ROLL, Chief District Judge.

ORDER

The above-captioned cases are consolidated for the purpose of resolving the opposed motions for appellate attorney's fees pending in each case.

In these appeals, petitioners Bruce Christensen, Arel Price, David Van Skike and Rex Dyer challenged the attorney's fees awarded to them under 33 U.S.C. § 928(a) after they were successful in obtaining benefits from their employers under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33...

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