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DIRECTOR, OFFICE OF WORKERS' COMP. v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO.

No. 81-1725.

676 F.2d 110 (1982)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1982.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II, Washington, D. C. (T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Marianne Demetral Smith, U. S. Dept. of Labor, Washington, D. C., on brief), for petitioner.

Junius C. McElveen, Jr., Washington, D. C. (David D. Kadue, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D. C., on brief), for respondent.

Before MURNAGHAN and ERVIN, Circuit Judges, and WILLIAM W. WILKINS, United States District Judge, sitting by designation.

ERVIN, Circuit Judge:

This is an appeal by the Director of the Office of Workers' Compensation Programs (the Director) from a ruling of the Benefits Review Board (the Board) in the case of Eugene W. Langley. The main issue is whether the special fund established under section 8(f) of the Longshoremen's and Harbor Workers' Compensation Act (the Act), 33 U.S.C. § 908, should pay a portion of the compensation due to Langley for his permanent total disability because...

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