Robert L. Buster, Petitioner, v. Donaldson Mining Company; Director, Office of Workers'compensation Programs, United States Department Oflabor, Respondents, 23 F.3d 399 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 23 F.3d 399 (4th Cir. 1994) Argued April 12, 1994. Decided April 25, 1994

On Petition for Review of an Order of the Benefits Review Board. (89-1498-BLA)

Robert L. Buster, Petitioner pro se.

Ann Brannon Rembrandt, Jackson & Kelly, Charleston, W.VA., Patricia May Nece, Alan G. Paez, U.S. Dept. of Labor, Washington, D.C., for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.

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.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. Buster v. Donaldson Mining Co., No. 89-1498-BLA (B.R.B. Sept. 22, 1992). 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