The US Supreme Court has decided not to take up an appeal from Massey Energy over a multi-million dollar verdict from Brooke County.

Massey Coal had been seeking to have the high court overturn a July 2007 case where a jury awarded Wheeling-Pittsburgh Steel $220 million over a coal contract dispute with Massey.

The West Virginia jury found Massey failed to make monthly deliveries of 104,000 tons of coal under a long-term supply contract, records indicate Massey ignored their contract with the steelmaker and sold the coal abroad for a higher profit.

"We are disappointed because we felt our case was worthy of the Court's review, but we understood from the start that the Court accepts only a very limited number of cases every year," said M. Shane Harvey, Massey Energy Vice President and General Counsel.

Massey, in a press release, said it has already accrued the money with interest to take care of the verdict amount.

However, the U.S. Supreme Court is taking up a separate case involving Massey Energy.

The justices will review whether state Supreme Court Justice Brent Benjamin should have removed himself from hearing the appeal of the Massey-Harman Energy dispute.

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