Cargill, Inc. v. Powell

625 F.2d 330 CARGILL, INC. and State Accident Insurance Fund, Petitioners, v. Kenneth POWELL and Director, Office of Workers Compensation Programs, United States Department of Labor, Respondents. No. 75-2655. United States Court of Appeals, Ninth Circuit. Feb. 7, 1980. Before: LUMBARD, WRIGHT and ANDERSON, Circuit Judges. ORDER 1 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). 2 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it is ordered by this court that the opinion in Cargill, Inc. v. Powell, No. 75-2655, filed on November 17, 1977, be withdrawn. 3 IT IS FURTHER ORDERED that the decision of the Benefits Review Board is affirmed and the petition for review is denied.