Glenn Surber v. Cannelton Industries, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-2191
GLENN SURBER,
Petitioner,
versus
CANNELTON INDUSTRIES, INCORPORATED; DIRECTOR,
OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(99-1153-BLA)
Submitted: February 28, 2001 Decided: March 19, 2001
Before WILKINS, LUTTIG, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
S. F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West Vir-
ginia, for Petitioner. Mary Rich Maloy, JACKSON & KELLY, P.L.L.C.,
Charleston, West Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Glen Surber seeks review of the Benefits Review Board’s deci-
sion and order affirming the administrative law judge’s denial of
black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986
& Supp. 2000). Our review of the record discloses that the Board’s
decision is based upon substantial evidence and is without revers-
ible error. Accordingly, we affirm on the reasoning of the Board.
See Surber v. Cannelton Industries, Inc., BRB No. 99-1153-BLA,
(B.R.B. Aug. 9, 2000). We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
AFFIRMED

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