MARY F. LINVILLE, Widow of Buddy Linville v. Island Creek Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1285
MARY F. LINVILLE, Widow of Buddy Linville,
Petitioner,
versus
ISLAND CREEK COAL 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
(04-439-BLA)
Submitted: August 18, 2005 Decided: August 23, 2005
Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary F. Linville, Petitioner Pro Se. Mary Rich Maloy, JACKSON
KELLY, PLLC, Charleston, West Virginia; Christian P. Barber, Sarah
Marie Hurley, Donald Steven Shire, UNITED STATES DEPARTMENT OF
LABOR, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Mary F. Linville 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. §§ 901-945
(2000). Our review of the record discloses that the Board’s
decision is based upon substantial evidence and is without
reversible error. Accordingly, we affirm on the reasoning of the
Board. See Linville v. Island Creek Coal Co., No. 04-439-BLA
(Jan. 13, 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.
AFFIRMED

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