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Linville v. Island Creek Coal Co, 05-1285 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 05-1285 Visitors: 7
Filed: Aug. 23, 2005
Latest Update: Mar. 01, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1285 MARY F. LINVILLE, Widow of Buddy Linville, Petitioner, versus ISLAND CREEK COAL COMPANY;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 Affirmed by unpublished per curiam opinion.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
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                               UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).
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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Source:  CourtListener

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