BECKLEY, W.Va. - An attorney representing survivors of one of three miners killed in the Upper Big Branch disaster says he'll appeal the dismissal of a lawsuit filed against Alpha Natural Resources Inc.Charleston attorney J. Michael Ranson told The Register-Herald he'll press the claim before the 4th U.S. Circuit Court of Appeals in Richmond, Va.Oct. 31, a federal judge dismissed the lawsuit by relatives of the three men. They claim that Alpha Natural Resources failed to pay them each $1.5 million as promised under a settlement with the federal government.The survivors want the court to enforce the terms of the landmark $210 million agreement with the U.S. Department of Justice to ensure everyone got the restitution that Virginia's Alpha had publicly promised.
Alpha has long said it fully complied.