Massey case appealed to US Supreme Court

The appeal asks 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 and voted twice with the majority to overturn the original judgment in favor of Harman. Massey chief executive 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 both it and Caperton into bankruptcy. The verdict awarded $50 million to Harman and Caperton, with post-trial interest swelling the amount to $76.3 million.

Massey contended Harman filed for bankruptcy because of mounting losses at its Grundy, Va., mining operation and other problems that had nothing to do with Massey.