$76 MILLION MASSEY CASE APPEALED TO US SUPREME COURT

(07/07/2008)
Harman Mining Co. has filed an appeal with the U.S. Supreme Court over a $76.3 million judgment favoring Massey Energy Co. in a coal contract dispute.

The appeal is asking the U.S. Supreme Court to consider whether a justice on West Virginia's Supreme Court should have disqualified himself from hearing Massey's appeal of a jury verdict favoring Harman in the dispute.

The West Virginia justice, Brent Benjamin, rejected requests that he step aside because of conflict of interest, voting twice with the majority to overturn the original judgment in favor of Harman.

Massey CEO Don Blankenship spent an estimated $3.5 million to help Benjamin win his seat on the court in 2004.

The appeal stems from a 2002 Boone County jury verdict that concluded Richmond, Va.-based Massey hijacked a coal supply contract from Harman, plunging the company into bankruptcy.