UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-1592

DONALD L. MCINTIRE, SR.,

Petitioner,

versus

CONSOLIDATION 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. (96-1143-BLA)

Submitted: January 15, 1998 Decided: January 26, 1998

Before MURNAGHAN and LUTTIG, Circuit Judges, and BUTZNER,* Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

* Senior Judge Butzner did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to

(d). Donald L. McIntire, Sr., Petitioner Pro Se. William Steele Mattingly, JACKSON & KELLY, Morgantown, West Virginia; Patricia May Nece, Dorothy L. Page, UNITED STATES DEPARTMENT OF LABOR, Washing- ton, D.C. for Respondents.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

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

(West 1986 & Supp.

1996). 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. McIntire v. Consolidation Coal Co., BRB No. 96-1143-BLA (B.R.B. Apr. 14, 1997).

We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court

and argument would not aid the decisional process.

AFFIRMED

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