BLUEFIELD —
CHARLESTON, W.Va. (AP) — Two widows are asking West Virginia's Supreme Court to allow them to sue federal mine inspectors for their husbands' deaths.
Delorice Bragg and Freda Hatfield allege that the U.S. Mine Safety and Health Administration should have detected dangerous conditions at Massey Energy's Aracoma Alma No. 1 mine.
Don Bragg and Ellery Elvis Hatfield died in the Logan County mine during a 2006 fire. Massey and its subsidiary later agreed to pay $4.2 million in criminal fines and civil penalties.
The Supreme Court is holding a hearing Wednesday before answering the liability question for the widows' federal lawsuit.
Federal lawyers argue that state law does not allow a claim against MSHA given the facts of the case.
The widows settled with the company for undisclosed terms in 2008.
Raw: Rescue Workers Search Oklahoma School
Raw: Witness Describes Scene After Okla. Tornado
Raw: Aftermath of Massive Tornado in Oklahoma
Raw: House Burns After Massive Oklahoma Tornado
Raw: Tornado on the Ground in Oklahoma
Split-second Choice Ended With NY Student Dead
White House Backs 'Shield Law' for Media
Wave of Attacks Kills Scores in Iraq
Pug Life on Display at Wisconsin Festival
Company Promises to Make All Snail Mail Digital
Analyst: Tumblr Fills Void in Yahoo's Offerings
Commuters Face Delays After Conn. Train Accident
Raw: Swarm of Tornadoes Slams Plains
Raw: Fierce Bombing in Qusair, Syria
RAW: TV Staff Take Cover From Tornado
Raw: Accused US Spy Reportedly Leaves Russia
AP CEO: Records Seizure 'Unconstitutional'
Fatal Hot Air Balloon Accident in Turkey
Tornadoes, Storms Strike Midwest
'Babyland': Camp Lejeune's Toxic Legacy?
