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STATE INS. FUND v. PESCE

No. 401, Docket 76-4165.

548 F.2d 1112 (1977)

STATE INSURANCE FUND and Guardino & Sons, Petitioners, v. Catherine PESCE and Director, Office of Workers' Compensation Programs, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 3, 1977.

Attorney(s) appearing for the Case

Joseph F. Manes, New York City (Peter M. Pryor, Gen. Atty., State Ins. Fund, New York City, on the brief), for petitioners.

Linda L. Carroll, Atty., U. S. Dept. of Labor, Washington, D. C. (William J. Kilberg, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D. C., of counsel), for Director, Office of Workers' Compensation Programs.

Before MOORE, ANDERSON and FEINBERG, Circuit Judges.

MOORE, Circuit Judge:

An employer, Guardino & Sons, and its insurance carrier, State Insurance Fund, petition for review of a unanimous decision of the Benefits Review Board, United States Department of Labor ("Board"), reported in 4 BRBS 36 (1976). The Board affirmed a decision and order of an administrative law judge who held that a death benefit provided by a 1972 amendment to § 9 of the Longshoremen's and Harbor Workers' Compensation Act (the "Act"),...

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