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April 19, 2010

     Charleston, WV - The law firm of Bucci Bailey & Javins, LC announced today that it has filed the first suit seeking to preserve evidence and materials relating to the Upper Big Branch Mine Explosion that occurred on April 5, 2010 in Montcoal, WV, killing twenty-nine miners and injuring two others.

     The petition filed with the Circuit Court of Boone County calls for an "Emergency Temporary Restraining Order and for Permanent Injunction to Preserve Evidence and for Inspection of Upper Big Branch Mine."

     A formal request for hearings regarding the investigation of Upper Big Branch was sent to the United States Department of Labor and the Mine Safety & Health Administration. In the request, Timothy Bailey, a partner with the firm, states that "It is important that hearings and witness statements be taken under oath and that subpoena powers be available so that the cause of this tragedy may be truly known and those responsible held accountable."

     The law firm makes these requests on behalf of the family of Adam Keith Morgan, a 21 year old miner that was killed in the Upper Big Branch Mine Explosion. Bucci Bailey & Javins, LC has acted quickly and decisively in order to preserve and protect their rights.