James Marshall Anderson, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor; Island Creek Coalcompany, Respondents, 39 F.3d 1175 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 39 F.3d 1175 (4th Cir. 1994) Submitted Oct. 11, 1994. Decided Oct. 25, 1994

On Petition for Review of an Order of the Benefits Review Board. (91-1989-BLA)

James Marshall Anderson, petitioner pro se. Michael John Denney, Helen Hart Cox, United States Department of Labor, Washington, DC; Douglas Allan Smoot, Jackson & Kelly, Charleston, WV, for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before HALL, HAMILTON, and MOTZ, 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.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. Anderson v. Director, Office of Workers' Compensation Programs, No. 91-1989-BLA (B.R.B. May 17, 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