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Smith v. Sharples Coal, 4th Cir. (1999)
Smith v. Sharples Coal, 4th Cir. (1999)
No. 99-1906
Submitted:
Decided:
Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.
PER CURIAM:
Danny Smith seeks review of the Benefits Review Boards decision and order denying black lung benefits pursuant to 30 U.S.C.A.
901-45 (West 1994 & Supp. 1999).
for review in this court within the applicable filing period deprives this court of jurisdiction to consider the appeal.
See
the sixty-day period did not commence until January 21, 1999, when
the Board issued its order denying the motion.
See 20 C.F.R.
Because Smith
did not appeal until July 8, 1999, his appeal is untimely, and we
lack jurisdiction to review it.
Accordingly, we dismiss this appeal.