Legal Opinion

In Re Csx Transportation, Incorporated, Larry W. Shives v. Csx Transportation Incorporated

Court of Appeals for the Fourth Circuit

Decided July 16, 1998No. 97-2038, 97-2053PublishedCited by 20 opinions

1Opinion of the Court

Vacated and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge FRIEDMAN joined.

OPINION

NIEMEYER, Circuit Judge:

The question presented is whether a worker was engaged, at the time of his work-related injury, in “maritime employment” as defined in the Longshore and Harbor Workers’- Compensation Act, 33 U.S.C. § 902(3), when his job at a marine terminal included the loading and unloading of ships only 15% of the time and when he was unloading non-maritime freight from a train at the time of his injury. Because we hold that the…

2Cases cited15 opinions

  1. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  2. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  3. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  4. P. C. Pfeiffer Co. v. FordSupreme Court of the United States · 1979
  5. Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985

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3Cited by20 opinions

  1. Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
  2. Academy of Country Music v. Continental Casualty CompanyCourt of Appeals for the Ninth Circuit · 2021
  3. In Re Wtc Disaster Site.Court of Appeals for the Second Circuit · 2005
  4. John Michael Borneman v. United States of America, John Michael Borneman v. United StatesCourt of Appeals for the Fourth Circuit · 2000
  5. United States Ex Rel. Rahman v. Oncology Associates, P.C.Court of Appeals for the Fourth Circuit · 1999

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