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Gray v. DOWCP, 00-2534 (2001)

Court: Court of Appeals for the Fourth Circuit Number: 00-2534 Visitors: 10
Filed: Aug. 07, 2001
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2534 JOHNNIE GRAY, widow of Henry Gray, Petitioner, versus DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. On Petition for Review of an Order of the Benefits Review Board. (99-1107-BLA) Submitted: May 24, 2001 Decided: August 7, 2001 Before WIDENER, WILLIAMS, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas E. Johnson, Phillip H. Snelling, JOH
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2534 JOHNNIE GRAY, widow of Henry Gray, Petitioner, versus DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. On Petition for Review of an Order of the Benefits Review Board. (99-1107-BLA) Submitted: May 24, 2001 Decided: August 7, 2001 Before WIDENER, WILLIAMS, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas E. Johnson, Phillip H. Snelling, JOHNSON, JONES, SNELLING, GILBERT & DAVIS, P.C., Chicago, Illinois, for Petitioner. Judith E. Kramer, Acting Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, Counsel for Appellate Litigation, Sarah M. Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Johnnie Gray 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. 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 Gray v. DOWCP, No. 99-1107-BLA (BRB Oct. 19, 2000). We grant Gray’s motion to submit this case on the briefs and 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 * We have considered the recent revisions to the regulations implementing the Black Lung Benefits Act, see Regulations Imple- menting 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
Source:  CourtListener

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