Rocco P. Digiovanni, Jr. v. Traylor Brothers, Inc.

This appeal comes before the en banc court following the withdrawal of a two-to-one decision, issued on February 6, 1996, in which a panel of this court vacated a judgment of the United States District Court for the District of Rhode Island.1 The en banc court similarly withdrew a decision handed down by a different panel that construed the same federal statute, namely, section 905(b) of the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-950, in a materially different way. See Morehead v. Atkinson-Kiewit, J/V, 97 F.3d 603. We granted rehearing en banc in both cases…