From Casetext: Smarter Legal Research

Carson v. Westmoreland Coal Co.

United States Court of Appeals, Fourth Circuit
Mar 10, 2010
369 F. App'x 512 (4th Cir. 2010)

Opinion

No. 09-1182.

Submitted: February 25, 2010.

Decided: March 10, 2010.

On Petition for Review of an Order of the Benefits Review Board. (08-0339-BLA).

Timothy C. MacDonnell, Washington and Lee University, Lexington, Virginia, for Petitioner. Douglas A. Smoot, Kathy L. Snyder, Jackson Kelly PLLC, Morgantown, West Virginia, for Respondent Westmoreland Coal Company.

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.


Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Frances A. Carson, widow of William H. Carson, seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung survivor's benefits pursuant to 30 U.S.C. §§ 901- 945 (2006). Our review of the record discloses that the Board's decision is based upon substantial evidence and is without reversible error. Accordingly, we deny the petition for review for the reasons stated by the Board. Carson v. Westmoreland Coal Co., No. 08-0339-BLA (B.R.B. Dec. 19, 2008). 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.

PETITION DENIED.


Summaries of

Carson v. Westmoreland Coal Co.

United States Court of Appeals, Fourth Circuit
Mar 10, 2010
369 F. App'x 512 (4th Cir. 2010)
Case details for

Carson v. Westmoreland Coal Co.

Case Details

Full title:Frances CARSON, Widow of William H. Carson, Petitioner, v. WESTMORELAND…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 10, 2010

Citations

369 F. App'x 512 (4th Cir. 2010)

Citing Cases

Zanderson v. Sullivan

Where a written memorandum is wholly written by a party to be charged therewith, and delivered to the…

Willis Bro. v. Byars, Administratrix

Belcher v. Mulhall, 57 Tex. 18 [ 57 Tex. 18]; Smith v. Garrett, 29 Tex. 53; Lanius v. Shuber, 77 Tex. 27;…