The owner of the Sago coal mine has gone to court again in an effort to block the United Mine Workers of America from participating in the investigation of an explosion Jan. 2 that killed 12 miners and seriously injured another.

Attorneys for Wolf Run Mining Co. have appealed a preliminary injunction, issued Thursday by U.S. District Judge Robert E. Maxwell in Elkins, W.Va., that permitted UMW representatives to participate in the investigation. Company attorney Albert Sebok could not be reached yesterday.

International Coal Group Inc., Wolf Run Mining's parent company, has opposed the UMW's involvement because Sago is not a union mine.

The mine company, in papers filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., sought a stay of Judge Maxwell's injunction, asking the court to block the UMW from the mine while its appeal is heard. It has argued that union officials do not represent the majority of its employees and have no place in the investigation.

The company said that most of its employees have designated co-workers to represent them during the investigation and do not want the UMW to be involved. It also has contended that the UMW wants to participate as part of an organizing attempt.

The federal Mine Safety and Health Administration and the UMW filed responses yesterday to the mine company's appeal, repeating arguments they made in court last week -- that federal law permits UMW officials to join an investigation if two miners designate them as their representatives, UMW officials said.

At least two Sago miners and families of some of the dead miners have asked the UMW to represent them during the probe, UMW official Dennis O'Dell said.

"From our point of view, the employees have designated us to be their representatives and have confidence in us to represent them. They have been given the right by Congress to designate us," UMW attorney Judy Rivlin said. "The company has no right to interfere."

The company is seeking a quick response, asking for one judge rather than a panel of three to review and rule on the case.

Yesterday's court action did not delay the investigation team of federal and state officials, UMW representatives and Sago employees working underground at the mine in Tallmansville, W.Va.

Last week, security officers blocked UMW representatives from entering the mine, prompting MSHA to go to court to force the admission of the union representatives. Judge Maxwell, in his ruling, said the UMW had "expertise across the country that could be highly beneficial."

Investigators yesterday continued to map and collect evidence in the area where the explosion occurred, said Caryn Gresham, spokeswoman for the West Virginia Office of Miners' Health, Safety and Training. But their work was slowed because they found a couple of areas where the roof needed additional work to shore it up, she said.

Investigators have estimated their work will take several days but have no timetable for completing it, Ms. Gresham said.

ICG announced yesterday that it has distributed its initial contribution of $2 million to a benefit fund set up to assist families of the 12 miners who died and of the lone surviving miner, Randal McCloy Jr. The company's contribution "was distributed evenly" among the families Saturday, ICG spokesman Matt Barkett said.

"We realize that no amount of money can take the place of a loved one, but we understand that you do have financial needs," stated a letter sent to families with the distribution. "We hope that this will help provide assistance as you plan for the future."

The fund is continuing to collect money and will make additional distributions after assessing the needs of potential recipients, the company said in a statement.

Also yesterday, members of West Virginia's congressional delegation said they are close to completing mine safety legislation that would boost penalties for repeated safety violations. Provisions of the proposed federal safety package echo a law passed last week by the West Virginia Legislature in response to the Sago explosion and a fire Jan. 19 that killed two miners at the Aracoma Alma No. 1 Mine in Melville.

The proposed federal package would:

Require MSHA to establish a rapid response system and to improve its own mine rescue regulations to ensure an immediate response. It would also require coal companies to notify MSHA of emergencies immediately.

Mandate emergency communications and breathing equipment inside mines. Coal operators would be required to store caches of emergency air underground and would be compelled to equip miners with devices that allow them to communicate with rescuers.

Establish minimum penalties of $1,000 for safety violations that could cause serious injury and $5,500 for habitual violators.

Create an MSHA science and technology office to speed introduction of new technologies.