John May v. Mountaineer Coal Development C

Filing 920090817

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1812

JOHN T. MAY, Petitioner, v. MOUNTAINEER COAL DEVELOPMENT COMPANY/MARROWBONE DEVELOPMENT; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (07-0671-BLA)

Submitted:

April 23, 2009

Decided:

August 17, 2009

Before TRAXLER, Chief Judge, and GREGORY and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Leonard Stayton, Inez, Kentucky, for Petitioner. William S. Mattingly, William P. Margelis, JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: John Board's judge's T. May and seeks order review affirming benefits of the Benefits Review law

decision denial of

the

administrative to 30

black

lung

pursuant

U.S.C.

§§ 901-945 (2006). Board's decision

Our review of the record discloses that the is based upon substantial evidence and is

without reversible error.

Accordingly, we deny the petition for May v. Mountaineer 30, facts 2008). and We legal

review for the reasons stated by the Board. Coal Dev. Co., with No. oral 07-0671 BLA (B.R.B.

May

dispense

argument

because

the

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

2