Emit Deel, Petitioner, v. D O & W Coal Company, Incorporated; Director, Office Ofworkers' Compensation Programs, United Statesdepartment of Labor; Old Republicinsurance Company, Respondents, 37 F.3d 1493 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 37 F.3d 1493 (4th Cir. 1994) Submitted September 6, 1994. Decided October 19, 1994

On Petition for Review of an Order of the Benefits Review Board. (92-2392-BLA)

Emit Deel, petitioner pro se.

Mark Elliott Solomons, Laura Metcoff Klaus, Arter & Hadden, Washington, D.C.; Patricia May Nece, Dorothy L. Page, United States Department of Labor, Washington, D.C., for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before WILKINSON and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PER CURIAM

Appellant seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C.A. Secs. 901-945 (West 1986 & Supp.1994). Our review of the record discloses that the Board's decision is based upon substantial evidence and that this appeal is without merit. Accordingly, we affirm on the reasoning of the Board. Deel v. D O & W Coal Co., No. 92-2392-BLA (B.R.B. Jan. 31, 1994). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED

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