Justice Elliott "Spike" Maynard has recused himself from another case involving Massey Energy.

Maynard filed a one-paragraph notice Thursday, saying he was disqualifying himself from a case involving a second coal silo the company wants to build near a Raleigh County elementary school.

The silo is adjacent to the Marsh Fork Elementary School.

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This is the third Massey-related case Maynard has recused himself from after the release of European vacation photos showing him with Massey chief executive Don Blankenship.

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Maynard removed himself from a Boone County case involving a contract dispute between Massey and another coal company and a Brooke County case involving Wheeling-Pittsburgh Steel.

Justice Brent Benjamin has declined to recuse himself, although he was the recipient of $3 million in campaign contributions from Blankenship.

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