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INGALLS SHIPBUILDING v. DIR., OFFICE OF WORK. COMP.

Nos. 94-40778, 94-40830 to 94-40841, 94-40853 to 94-40864, 94-40921 to 94-40929, 94-40961 to 94-40970, 94-40980 to 94-41000, 94-41058 to 94-41062, 94-41064 to 94-41068.

81 F.3d 561 (1996)

INGALLS SHIPBUILDING, INC., and American Mutual Liability Insurance Company in Liquidation by and through Mississippi Insurance Guaranty Association, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR and Wilbur Boone, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

April 26, 1996.

Attorney(s) appearing for the Case

Richard Salloum, Paul M. Franke, Jr., Donald P. Moore, Franke, Rainey & Salloum, Gulfport, MS, George M. Simmerman, Jr., Staff Atty., Franke, Rainey & Salloum, Pascagoula, MS, William J. Powers, VP and Gen. Counsel, Franke, Rainey & Salloum, Ingalls, MS, for Petitioners.

Rebecca J. Ainsworth, Robin Reid Boswell, John F. Dillon, Maples & Lomas, Pascagoula, MS, for Boone, McLendon, Loftin, Washington, Williams, Warren, Coxey, Cuevas.

Harris Bell Williams, Barton & Williams, Pascagoula, MS, for Rhymes, Nelson, McMinn, Walker, Jimmy Miller, Green, Brewer, McNeal, Starling, Theisen, Wilson, McWilliams, Harralson, Betts, Hayes, Scoggins, Pridgen, Hammons, George Stringfellow, Sanderson, Butler, Jessie Martin, Byrd, Goss, Hopkins, Davis, Wollard, Kristofferson, Bryant, Clyde Johnson, Fagan, Daniels, Grice, Joseph Smith, Walters, Raines, Stokley, McVeigh, Stewart, Lee, Robbins, Nevel Jones, William Johnson, Pittman, Henzly, Lett, Galloway, Ethel Jones, Richardson, Bynum, Tallent, Raymond Smith, Patricia Muller, Beeler, Gulf Martin, Sr., Yvonne Jones, Gregory Stringfellow, Warren, Carter, Connely, Davidson.

Hayden Dent, Richard F. Scruggs, Scruggs, Millette, Lawson, Bozeman & Dent, Pascagoula, MS, for Booker, Bennett, Barton, McDonald.

James R. Hartzog, Jackson, MS, Lester F. Smith, Perry, Morrison & Smith, Jackson, MS, for Matthews.

LuAnn Kressley, Atty., Carol DeDeo, Assoc. Solicitor, U.S. Dept. of Labor, Washington, DC, for D.O.W.C.P.

Paul T. Trayers, Clerk, BRB, Washington DC, William J. Powers, Jr., V.P. & Gen. Counsel, Ingalls, MS, George M. Simmerman, Jr., Staff Atty., Pascagoula, MS, for other Interested Parties.

Before REAVLEY, JOLLY and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal is the latest chapter in the case of the dauntless District Director.1 Although the District Director of the Office of Workers' Compensation Programs was mandamused (after several years of deliberate delay) by the district court to comply with the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. ("LHWCA"), and to transfer for adjudication approximately 3,100...

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