UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-2298

GILVIE E. HUFFMAN, 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. (92-2117-BLA)

Submitted: July 31, 1997 Decided: August 28, 1997

Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gilvie E. Huffman, Petitioner Pro Se. Christian P. Barber, Jill M.

Otte, 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Unpublished opinions are not binding precedent in this circuit.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: Petitioner seeks review of the Benefits Review Board's deci- sion 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. 1996). Our review of the record discloses that the Board's decision is based upon substantial evidence and is without revers- ible error. Accordingly, we affirm on the reasoning of the Board.* Huffman v. Director, Office of Workers' Compensation Programs, No. 92-2117-BLA (B.R.B. Aug. 9, 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 deci- sional process.

AFFIRMED

* We adopt the reasoning of the Board insofar as it finds that Petitioner is not entitled to benefits on the merits of his claim.