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ESTATE OF COWART v. NICKLOS DRILLING CO.

No. 91-17.

505 U.S. 469 (1992)

112 S.Ct. 2589

120 L.Ed.2d 379

ESTATE OF COWART v. NICKLOS DRILLING CO. ET AL.

Supreme Court of United States.

Decided June 22, 1992.

Attorney(s) appearing for the Case

Lloyd N. Frischhertz argued the cause and filed briefs for petitioner.

Michael R. Dreeben argued the cause for the federal respondent. With him on the brief were Solicitor General Starr, Deputy Solicitor General Mahoney, Steven J. Mandel, and Edward D. Sieger. H. Lee Lewis, Jr., argued the cause and filed a brief for the private respondents.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, Souter, and Thomas, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Stevens and O'Connor, JJ., joined, p. 484.

Justice Kennedy, delivered the opinion of the Court.

The Longshore and Harbor Workers' Compensation Act (LHWCA or Act), 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., creates a comprehensive federal scheme to compensate workers injured or killed while employed upon the navigable waters of the United States. The Act allows injured workers, without forgoing compensation under the Act, to pursue claims against...

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