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DIRECTOR, OFFICE OF WKRS.' COMP., ETC. v. BOUGHMAN

Nos. 75-1449 and 75-1546.

545 F.2d 210 (1976)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Patricia Ann Ekar BOUGHMAN et al., Respondents. INTERNATIONAL UNION OF OPERATING ENGINEERS and the Travelers Insurance Company, Petitioners, v. Patricia Ann Ekar BOUGHMAN et al., Respondents, and Director, Office of Workers' Compensation Programs, United States Department of Labor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 1976.

As Amended November 29, 1976.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II, Atty., U. S. Dept. of Labor, Washington, D. C., with whom George M. Lilly, Atty., U. S. Dept. of Labor, Washington, D. C., was on the brief, for petitioner in No. 75-1449.

Albert Sennett, San Francisco, Cal., with whom Frank B. Hugg, San Francisco, Cal., was on the brief, for petitioners in No. 75-1546.

Gerald J. Tiernan, San Francisco, Cal., for respondents.

James Buckley Ostmann and John R. Coyle, Washington, D.C., were on the brief as amicus curiae.

Before WRIGHT and ROBB, Circuit Judges, and WEIGEL, District Judge.

Opinion for the court filed by J. SKELLY WRIGHT, Circuit Judge.

J. SKELLY WRIGHT, Circuit Judge:

I. INTRODUCTION

These two cases arise out of an award of death benefits made pursuant to the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (hereinafter the Act) as applied to the District of Columbia by the D.C. Workmen's Compensation Code, 36 D.C. Code § 501 (1973). The award was made...

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