Winfred Warwick, Petitioner, v. Westmoreland Coal Company, Incorporated, Director, Office Ofworkers Compensation Programs, United Statesdepartment of Labor, Respondents, 931 F.2d 888 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 931 F.2d 888 (4th Cir. 1991) Submitted April 8, 1991. Decided April 25, 1991

On Petition for Review of an Order of the Benefits Review Board. (87-862-BLA)

Winfred Warwick, petitioner pro se.

Ann B. Rembrandt, Jackson & Kelly, Charleston, W.V., Patricia M. Nece, Michael J. Denny, United States Department of Labor, Washington, D.C., for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before MURNAGHAN, SPROUSE1  and NIEMEYER, Circuit Judges.

PER CURIAM:


Winfred Warwick 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. §§ 901 et seq. Our review of the record and the Board's decision and order discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the Board. Warwick v. Westmoreland Coal Co., 87-862-BLA (Ben.Rev.Bd. Sept. 28, 1990). 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.

 1

Judge Sprouse recused himself from consideration of this appeal. The decision is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d)

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