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CARSWELL v. E. PIHL & SONS

No. 19-1630.

999 F.3d 18 (2021)

Jeffrey G. CARSWELL; Heinz Eriksen; Svenning Tvede Juhl, Petitioners, v. E. PIHL & SONS; Topsoe-Jensen & Schroeder Ltd.; Danish Construction Corporation; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, First Circuit.

May 27, 2021.

Attorney(s) appearing for the Case

Ian Anderson , for petitioners.

Matthew W. Boyle , Attorney, U.S. Department of Labor, Office of the Solicitor, with whom Kate O'Scannlain , Solicitor of Labor, Barry H. Joyner , Associate Solicitor, Kevin Lyskowski , Deputy Associate Solicitor, Mark Reinhalter , Counsel for Longshore, and Gary K. Stearman , Counsel for Appellate Litigation, were on brief for respondent Director, Office of Workers' Compensation.

Sarah B. Biser , New York, NY, with whom Fox Rothschild LLP was on brief, for respondent E. Pihl & Sons.

Before Lynch, Lipez, and Thompson, Circuit Judges.

In 1968, a United States military aircraft carrying nuclear weapons crashed near Thule, Greenland, releasing radioactive materials into the area. In the aftermath, military and civilian personnel assisted in the cleanup efforts. In 2010, some of the civilian personnel (Petitioners) filed claims for compensation under the...

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