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DOWCP v. Newport News Shipbld, 96-2625 (1997)

Court: Court of Appeals for the Fourth Circuit Number: 96-2625 Visitors: 35
Filed: Sep. 02, 1997
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND No. 96-2625 DRY DOCK COMPANY, Respondent, and SUSAN CAMPBELL, Claimant. On Petition for Review of an Order of the Benefits Review Board. (94-240) Argued: July 7, 1997 Decided: September 2, 1997 Before LUTTIG and WILLIAMS, Circuit Judges, and Joseph F. ANDERSON, Jr., United States District Judge for th
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

DIRECTOR, OFFICE OF WORKERS'
COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR,
Petitioner,

v.

NEWPORT NEWS SHIPBUILDING AND
                                                                 No. 96-2625
DRY DOCK COMPANY,
Respondent,

and

SUSAN CAMPBELL,
Claimant.

On Petition for Review of an Order
of the Benefits Review Board.
(94-240)

Argued: July 7, 1997

Decided: September 2, 1997

Before LUTTIG and WILLIAMS, Circuit Judges, and
Joseph F. ANDERSON, Jr., United States District Judge for the
District of South Carolina, sitting by designation.

_________________________________________________________________

Remanded with instructions by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

ARGUED: Joshua Thomas Gillelan, II, Senior Attorney, Office of
the Solicitor, UNITED STATES DEPARTMENT OF LABOR,
WASHINGTON, D.C., for Petitioner. Benjamin McMullan Mason,
MASON & MASON, P.C., Newport News, Virginia, for Respondent.
ON BRIEF: J. Davitt McAteer, Acting Solicitor of Labor, Carol A.
De Deo, Associate Solicitor, Office of the Solicitor, UNITED
STATES DEPARTMENT OF LABOR, Washington, D.C., for Peti-
tioner.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

The present appeal was taken based upon Section 8(f) of the Long-
shoreman's Act. 33 U.S.C. ยง 908(f). This case was decided by an
Administrative Law Judge (ALJ) on September 21, 1993. After the
ALJ reached his decision, this court decided Director, OWCP v. New-
port News Shipbuilding & Dry Dock Co. (Harcum), 
8 F.3d 175
 (4th
Cir. 1993). The court remands the matter to the ALJ for further find-
ings in light of Harcum.

REMANDED WITH INSTRUCTIONS

                    2

Source:  CourtListener

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