FILE - In an April 5, 2010 file photo, West Virginia State Police direct traffic at the entrance to Massey Energy's Upper Big Branch Coal Mine in Montcoal, W.Va. An explosion fueled by methane and coal dust ripped through the seven miles of underground corridors at the mine on April 5, 2010 killing 29 men. (AP Photo/Jeff Gentner, File)
MORGANTOWN, W.Va. (AP) - Oral arguments have been scheduled in the case against a former Upper Big Branch mine official convicted of ordering a subordinate to destroy documents.
Hughie Elbert Stover's appeal will be argued at Sept. 21 in the U.S. 4th Circuit Court of Appeals in Richmond, Va.
U.S. Attorney Booth Goodwin filed his response to Stover's appeal last week, saying the verdict should be upheld.
Stover contends U.S. District Judge Irene Berger erred in refusing to throw out his interview with investigators, and that she erred in refusing to dismiss the charges and acquit him.
The April 2010 explosion at the West Virginia mine killed 29 men.
The mine was owned by Massey Energy at the time but has since been sealed by the current owner, Virginia-based Alpha Natural Resources.