The claim of L. Dennis Kozlowski and Mark Swartz that they should have had access to a law firm’s internal investigation into fraud at Tyco International has been rejected by a federal appeals court.

The U.S. Court of Appeals for the Second Circuit turned aside the plea of Kozlowski and Swartz that they were entitled to materials prepared by Boies, Schiller & Flexner in advance of their second trial for stealing $100 million from Tyco.