Margaret A. Capps, widow of Charles K. Capps v. Peabody Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1930
MARGARET A. CAPPS, widow of Charles K. Capps,
Petitioner,
versus
PEABODY 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.
(00-914-BLA)
Submitted: December 10, 2001 Decided: December 19, 2001
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
S.F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West Vir-
ginia, for Petitioner. Mark E. Solomons, Laura Metcoff Klaus,
GREENBERG TRAURIG, L.L.P., Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* We have considered the revisions to the regulations imple-
menting the Black Lung Benefits Act, see Regulations Implementing
the Federal Coal Mine Health and Safety Act of 1969, as amended; 65
Fed. Reg. 79,919 (Dec. 20, 2000), and have determined that the
revisions do not affect the outcome of this case.
2
PER CURIAM:
Margaret A. Capps 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.A. §§ 901-945 (West
1986 & Supp. 2001). 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 Capps v. Peabody Coal Co., No. 00-914-BLA (BRB June
12, 2001). 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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