Mildred Gollie, widow of Joe Gollie, deceased v. Elkay Mining Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2131
MILDRED GOLLIE, widow of Joe Gollie, deceased,
Petitioner,
versus
ELKAY MINING COMPANY; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(02-741-BLA)
Submitted: March 24, 2004 Decided: April 8, 2004
Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Leonard Stayton, Inez, Kentucky, for Petitioner. Douglas A. Smoot,
Kathy L. Snyder, JACKSON KELLY PLLC, Morgantown, West Virginia, for
Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Mildred Gollie 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. §§ 901-45
(2000). Our review of the record discloses that the Board’s
decision is based upon substantial evidence and is without
reversible error. Accordingly, we affirm on the reasoning of the
Board. See Gollie v. Elkay Mining Co., No. 02-741-BLA (BRB
July 31, 2003). 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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