Emory Kilgore, Petitioner, v. Barnette Contractors, Incorporated; Director, Office Ofworkers' Compensation Programs, United Statesdepartment of Labor, Respondents, 12 F.3d 205 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 12 F.3d 205 (4th Cir. 1993) Dec. 7, 1993

Emory Kilgore, petitioner Pro Se.

Mark Elliott Solomons, Laura Metcoff Klaus, Arter & Hadden, Marta Kusic, Staff Attorney, Christian P. Barber, United States Department of Labor, for respondents.

Ben. Rev. Bd.

AFFIRMED.

Before MURNAGHAN and LUTTIG, C.J., and SPROUSE, J.

PER CURIAM:


OPINION

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.1993). 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. Kilgore v. Barnette Contractors, Inc., No. 92-107-BLA (B.R.B. June 28, 1993). 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