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INGALLS SHIPBUILDING, INC. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 95-1081.

519 U.S. 248 (1997)

117 S.Ct. 796

136 L.Ed.2d 736

INGALLS SHIPBUILDING, INC., et al. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR, et al.

Supreme Court of United States.

Decided February 18, 1997.

Attorney(s) appearing for the Case

Richard P. Salloum argued the cause for petitioners. With him on the briefs were Paul B. Howell, William J. Powers, Jr., and George M. Simmerman, Jr.

Beth S. Brinkmann argued the cause for the federal respondent. On the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Kneedler, J. Davitt McAteer, Allen H. Feldman, and Edward D. Sieger.

Wynn E. Clark argued the cause for respondent Yates. With him on the brief was Ransom P. Jones III.*

O'Connor, J., delivered the opinion for a unanimous Court with respect to Parts I and II, and the opinion of the Court with respect to Part III, in which Rehnquist, C. J., and Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined, p. 270.

Justice O'Connor, delivered the opinion of the Court.

Section 33 of the Longshore and Harbor Workers' Compensation Act (LHWCA or Act), 44 Stat. 1424, as amended, 33 U. S. C. § 933, gives the "person entitled to compensation" two avenues of recovery: Such a person may seek to recover damages from the third parties ultimately at fault for any injuries and still recover compensation under the Act from the covered worker's employer as long as the worker's employer...

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