A federal judge has dismissed a lawsuit by relatives of three men killed in the Upper Big Branch mine disaster who claimed that Alpha Natural Resources failed to pay them each $1.5 million as promised under a settlement with the federal government. U.S. District Judge Irene Berger entered the dismissal order last week but sealed the opinion that explains her rationale. The Register-Herald said the case was tossed with prejudice, meaning it cannot be refiled. The lawsuit argued that at least eight other families were also awaiting payment and asked Berger 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-based Alpha had publicly promised.
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