Bishop Coal Company v. NORA L. HORNE, Surviving Spouse of David Horne

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1447
BISHOP COAL COMPANY,
Petitioner,
v.
NORA L. HORNE, Surviving Spouse of David Horne; DIRECTOR,
OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(04-0460-BLA)
Submitted: September 5, 2008 Decided: September 17, 2008
Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Douglas A. Smoot, William S. Mattingly, Kathy L. Snyder, JACKSON
KELLY PLLC, Morgantown, West Virginia, for Petitioner. Howard M.
Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor,
Christian P. Barber, Barry H. Joyner, UNITED STATES DEPARTMENT OF
LABOR, Washington, D.C.; Joseph E. Wolfe, W. Andrew Delph, Jr.,
WOLFE, WILLIAMS & RUTHERFORD, Norton, Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bishop Coal Company seeks review of the Benefits Review
Board’s decision and order affirming the administrative law judge’s
award of survivor’s black lung benefits pursuant to 30 U.S.C.
§§ 901-945 (2000). Our review of the record discloses that the
Board’s decision is based upon substantial evidence and is without
reversible error. Accordingly, we deny the petition for review for
the reasons stated by the Board. Bishop Coal Co. v. Horne, No. 04-
0460-BLA (B.R.B. Feb. 24, 2005). 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.
PETITION DENIED

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