Herbert McKinney v. UNITED STATES DEPARTMENT OF LABOR, Secretary

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-2118
HERBERT MCKINNEY; HUBERT MCKINNEY,
Plaintiffs - Appellants,
versus
UNITED STATES DEPARTMENT OF LABOR, Secretary,
Defendant - Appellee.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Beckley. Joseph Robert Goodwin, District
Judge. (CA-95-160-5)
Submitted: March 7, 2000 Decided: March 17, 2000
Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Theodore R. Dues, Jr., Charleston, West Virginia, for Appellants.
Rebecca A. Betts, United States Attorney, Michael L. Keller,
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Herbert and Hubert McKinney appeal the district court’s order
granting partial summary judgment to Defendant. We have reviewed
the record and the district court’s opinion and find no reversible
error. Accordingly, we affirm on the reasoning of the district
court. See McKinney v. United States Dep’t of Labor, No. CA-95-
160-5 (S.D.W. Va. Mar. 25, 1996). 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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