Jacksonville Shipyards, Inc. v. Perdue

U.S. Court of Appeals for the Fifth Circuit June 16, 1978

Jacksonville Shipyards, Inc. v. Perdue, 575 F.2d 79 (5th Cir. 1978)

1978 A.M.C. 2672

Opinion of the Court

PER CURIAM:

These Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (1970) (amended 1972), cases1 are on remand from the Supreme Court with instructions to reconsider them in light of Northeast Marine Terminal Co., Inc. v. Ca-puto, 432 U.S. 249, 97 S.Ct. 2348, 53 L.Ed.2d 320 (1977). We find that our prior resolution of the coverage issues presented in each of these cases is consistent with the rationale expressed in Caputo, and, accordingly, we reaffirm our prior determinations as to the benefit eligibility of the affected maritime employees under the Act.

. Five cases are contained in the decision of this court in Jacksonville Shipyards, Inc. v. Perdue, 539 F.2d 533 (5th Cir. 1976). The three cases involved in the present remand are Jacksonville Shipyards, Inc. v. Perdue (No. 75-1659), vacated and remanded, 433 U.S. 904, 97 S.Ct. 2967, 53 L.Ed.2d 1088 (1977); and Ayers Steamship Co. v. Bryant (No. 75-4112), which was consolidated with P. C. Pfeiffer Co. v. Ford (No. 75-2289), vacated and remanded, 433 U.S. 904, 97 S.Ct. 2966, 53 L.Ed.2d 1088 (1977).

Reference

Full Case Name: JACKSONVILLE SHIPYARDS, INC., and Aetna Casualty & Surety Company v. Herbert L. PERDUE and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents P. C. PFEIFFER COMPANY and Texas Employers' Insurance Association v. Diverson FORD and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents AYERS STEAMSHIP COMPANY and Texas Employers' Insurance Association v. Will BRYANT and Director, Office of Workers' Compensation Programs, United States Department of Labor
Cited By: 2 cases
Status: Published