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Fusco v. Perini North River Associates

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


June 4, 1980

RONALD FUSCO, PETITIONER, AND BERNARD SULLIVAN, PETITIONER, AND DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, PETITIONER,
v.
PERINI NORTH RIVER ASSOCIATES, AND HARTFORD ACCIDENT & INDEMNITY COMPANY, RESPONDENT .

Before: Meskill, Circuit Judge*fn* and Wyzanski, Senior District Judge*fn**

Author: Wyzanski

WYZANSKI, Senior District Judge :

This case is before us on a petition for re-hearing filed by Sullivan.

Our Footnote 1 on page 3277 of our opinion dated June 4, 1980 erroneously stated that Sullivan had not claimed that he occasionally performed longshoring operations.

Nonetheless, our conclusion that Sullivan was not engaged in longshoring operations was correct. The evidence shows that his duties were exclusively in connection with the construction of a sewage disposal plant. When Sullivan unloaded a barge used in carrying construction materials from the shore to the point of construction, he was not performing operations which longshoremen perform. Longshoremen do not unload barges used in connection with construction of a structure which reaches from a point on shore to a point in the river.

Petition denied .


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