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Bath Iron Works Corp. v. Coulombe

United States Court of Appeals, First Circuit
Oct 25, 1989
888 F.2d 179 (1st Cir. 1989)

Summary

holding party could not appeal favorable judgment

Summary of this case from Puerto Rico Highway & Transp. Auth. v. Redondo Constr. Corp. (In re Redondo Constr. Corp.)

Opinion

No. 89-1270.

Heard September 14, 1989.

Decided October 25, 1989.

Stephen Hessert with whom Michelle Jodoin LaFond and Norman, Hanson DeTroy, Portland, Me., were on brief for Bath Iron Works Corp. and Commercial Union Ins. Companies.

Dennis Levandoski with whom Kettle, Carter, Levandoski, Anderson Sharon, Portland, Me., were on brief, for Jeannine D. Coulombe.

Petition for review of decision of Benefits Review Board.

Before BREYER, Circuit Judge, COFFIN, Senior Circuit Judge, and MAYER, Circuit Judge.

Of the Federal Circuit, sitting by designation.


This case is before us on a petition for review by the employer of a decision of the Benefits Review Board which affirmed a denial of medical expenses. The Board reversed an administrative law judge's conclusion that the employee was ineligible, but affirmed the decision denying reimbursement because the requirement for filing a report was not met.

Because the Benefit Review Board ruled in petitioner's favor on the award, its discussion of respondent's eligibility is pure dicta. Such discussion cannot have any collateral estoppel effect because it is not essential to the judgment. McDaniel v. Sanchez, 452 U.S. 130, 141, 101 S.Ct. 2224, 2231, 68 L.Ed.2d 724 (1981); Balcom v. Lynn Ladder and Scaffolding Co., Inc., 806 F.2d 1127 (1st Cir. 1986). For this reason, we have previously held that "[a] party cannot appeal a judgment entered in its favor, because it lacks a 'personal stake in the appeal' sufficient to support appellate jurisdiction." Balcom, 806 F.2d at 1127 (citing Deposit Guaranty National Bank v. Roper, 445 U.S. 326, 336, 100 S.Ct. 1166, 1173, 63 L.Ed.2d 427 (1980)). Similarly, petitioner is not "adversely affected or aggrieved by a final order of the Board," 33 U.S.C. § 921(c), and lacks standing under the statute to have the decision reviewed. Pittston Stevedoring Corp. v. Dellaventura, 544 F.2d 35, 44-45 (2d Cir. 1976).

We therefore dismiss the petition for review for lack of jurisdiction. Costs to respondent.


Summaries of

Bath Iron Works Corp. v. Coulombe

United States Court of Appeals, First Circuit
Oct 25, 1989
888 F.2d 179 (1st Cir. 1989)

holding party could not appeal favorable judgment

Summary of this case from Puerto Rico Highway & Transp. Auth. v. Redondo Constr. Corp. (In re Redondo Constr. Corp.)

holding that a party cannot appeal a favorable judgment

Summary of this case from Field v. Mans
Case details for

Bath Iron Works Corp. v. Coulombe

Case Details

Full title:BATH IRON WORKS CORPORATION AND COMMERCIAL UNION INSURANCE COMPANIES…

Court:United States Court of Appeals, First Circuit

Date published: Oct 25, 1989

Citations

888 F.2d 179 (1st Cir. 1989)

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