UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1730

EARNEST P. CLARK,

Petitioner,

versus

EASTERN ASSOCIATED COAL CORPORATION; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (03-0631-BLA)

Submitted: November 24, 2004 Decided: December 21, 2004

Before LUTTIG, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

S. F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West Virginia, for Petitioner. Mark E. Solomons, Laura Metcoff Klaus, GREENBERG TRAURIG, L.L.P., Washington, D.C., for Respondent Eastern Associated Coal Corporation.

Unpublished opinions are not binding precedent in this circuit.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

Earnest P. Clark seeks review of a decision and order of

the Benefits Review Board (“Board”) affirming the administrative

law judge’s denial of black lung benefits pursuant to

(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 Clark v. Eastern Associated Coal Corp., No. 03-0631-BLA

(BRB April 29, 2004). 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