Federal appeals court says Massey Energy entitled to appeal federal restrictions placed on company's investigation of Upper Big Branch mine explosion in West Virgina last year

CHARLESTON, West Virginia , June 10, 2011 () – A federal appeals court has sided with the former Massey Energy in a dispute over the company's investigation of last year's deadly Upper Big Branch mine explosion.

The U.S. Court of Appeals for the District of Columbia ruled Friday that Massey is entitled to appeal restrictions placed on its investigation by federal investigators.

The federal Mine Safety and Health Review Commission had rebuffed Virginia-based Massey's request to appeal the restrictions last year.

Massey wanted the commission to set aside restrictions barring it from taking photos and collecting dust samples from the southern West Virginia mine, among other things.

The appellate court set aside the commission's decision rejecting Massey's appeal.

New Massey owner Alpha Natural Resources declined comment. The federal Mine Safety and Health Administration had no immediate comment.

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