Cargill, Inc. and State Accident Insurance Fund, Petitioners, v. Kenneth Powell and Director, Office of Workers Compensationprograms, United States Department of Labor, Respondents, 625 F.2d 330 (9th Cir. 1980)

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US Court of Appeals for the Ninth Circuit - 625 F.2d 330 (9th Cir. 1980) Feb. 7, 1980

Before: LUMBARD, WRIGHT and ANDERSON, Circuit Judges.


ON REMAND from the United States Supreme Court, 444 U.S. 987, 100 S. Ct. 516, 62 L. Ed. 2d 417, vacating the judgment in Cargill, Inc. v. Powell, 573 F.2d 561 (9th Cir. 1979), for consideration in light of P. C. Pfeiffer Co. v. Ford, 444 U.S. 69, 100 S. Ct. 328, 62 L. Ed. 2d 225 (1979).

ON CONSIDERATION WHEREOF, it is ordered by this court that the opinion in Cargill, Inc. v. Powell, No. 75-2655, filed on November 17, 1977, be withdrawn.

IT IS FURTHER ORDERED that the decision of the Benefits Review Board is affirmed and the petition for review is denied.