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Federal prosecutors want to further delay their involvement in the case of former Massey Energy shareholders who claim the coal operator lied to them about its safety record to inflate stock prices.
Last summer, U.S. District Judge Irene Berger issued an order that allowed prosecutors to keep secret the evidence they've been gathering in a criminal investigation of the Upper Big Branch mine disaster.
The 2010 explosion killed 29 men and has spawned three criminal prosecutions.
But Berger's order is set to expire Tuesday.
U.S. Attorney Booth Goodwin filed a motion late last week saying his team has made significant progress in the criminal case and secured the cooperation of several witnesses.
He says they're still obtaining critical documents that could substantially advance the criminal probe in coming months.