SUPREME COURT WILL REHEAR CONTROVERSIAL CASE

(01/25/2008)

West Virginia's Supreme Court voted unanimously to reconsider its reversal of a $76.3 million-dollar judgment against Massey Energy. The decision comes following conflict of interest allegations directed at some of the justices. Chief Justice Elliott "Spike" Maynard did not take part in yesterday's action, having recused himself. His recusal came after the release of vacation photos showing him with Don Blankenship, Massey's chairman, president and CEO, during a time period the judgment was headed for appeal. Hampshire County Circuit Judge Donald Cookman has replaced Maynard. Justice Brent Benjamin, who received about $3 million dollars from Blankenship for his election, has declined to recuse himself. The Supreme Court will re-hear the case on March 12.

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