944 F2d 902 Starcher v. Majestic Mining Company

944 F.2d 902

nald H. STARCHER, Petitioner,
v.
MAJESTIC MINING COMPANY, Director, Office of Workers'
Compensation Programs, United States Department of
Labor, Respondents.

No. 91-2559.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 26, 1991.
Decided Sept. 16, 1991.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

On Petition for Review of an Order of the Benefits Review Board. (90-1905-BLA)

Donald H. Starcher, petitioner pro se.

Mary Rich Maloy, Jackson & Kelly, Charleston, W.Va., Dorothy L. Page, Barbara J. Johnson, United States Department of Labor, Washington, D.C., for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before WILKINSON and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:


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1

Donald H. Starcher 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. Our review of the record and the Board's decision and order discloses that this appeal is without merit. Accordingly, we grant leave to proceed in forma pauperis and affirm on the reasoning of the Board. Starcher v. Majestic Mining Co., 90-1905-BLA (Ben.Rev.Bd. May 22, 1991). 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.

2

AFFIRMED.