U.S. Court of Appeals for the Fourth Circuit, 1996

Hicks v. Eastern Associated Coal Corp.

Hicks v. Eastern Associated Coal Corp.
U.S. Court of Appeals for the Fourth Circuit · Decided August 20, 1996
94 F.3d 641; 1996 U.S. App. LEXIS 36683; 1996 WL 469897 (Federal Reporter, Third Series)

Hicks v. Eastern Associated Coal Corp.

Opinion

94 F.3d 641

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Donna M. HICKS, Widow of Troy E. Hicks, Petitioner,
v.
EASTERN ASSOCIATED COAL CORPORATION; Director, Office of
Workers' Compensation Programs, United States
Department of Labor, Respondents.

No. 96-1149.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 15, 1996.
Decided Aug. 20, 1996.

Donna M. Hicks, Petitioner Pro Se.

Mark Elliott Solomons, Laura Metcoff Klaus, ARTER & HADEN, Washington, D.C.; Patricia May Nece, Rodger Pitcairn, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

1

Appellant 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. 1995). 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. Hicks v. Eastern Associated Coal Corp., No. 95-1980-BLA (B.R.B. Jan. 26, 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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