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H.B. ZACHRY CO. v. QUINONES

No. 99-20278.

206 F.3d 474 (2000)

H.B. ZACHRY COMPANY; Insurance Company of the State of Pennsylvania, Plaintiffs-Appellants v. Jose B. QUINONES; Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 8, 2000.

Attorney(s) appearing for the Case

Michael David Murphy (argued), Murphy & Walker, Houston, TX, for Plaintiffs-Appellants.

Suzette S. Kinder (argued), John Philip Watkins, Law Offices of Phil Watkins, San Antonio, TX, for Quinones.

Laura Jessica Stomski (argued), U.S. Dept. of Labor, Office of Solicitor, Washington, DC, for Office of Workers' Compensation Programs of U.S. Dept. of Labor.

Before KING, Chief Judge, and DUHÉ and DeMOSS, Circuit Judges.

KING, Chief Judge:

Plaintiffs-Appellants appeal from the judgment of the district court adopting and affirming a Decision and Order of the Benefits Review Board and denying their petition for review. For the following reasons, we reverse the district court's denial of the petition and remand for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant-Appellee Jose Quinones was employed by Plaintiff-Appellant...

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