Vacation Pics Prompt Court To Take Case
Lawrence Messina
The 5-0 decision erases November's ruling that had overturned a $76.3 million verdict won by Harman Mining Co. and its president, Hugh Caperton, in a contract dispute with Massey Energy Co.
Chief Justice Elliott "Spike" Maynard did not take part in Thursday's decision. He recused himself after the release of the photographs showing him with Don Blankenship, Massey's chairman, president and chief executive officer.
Hampshire County Circuit Judge Donald Cookman replaced Maynard for the rehearing petition.
The Supreme Court will hear arguments in the case March 12, and will allow written pleadings from each side, court spokeswoman Jennifer Bundy said.
In a statement, Massey said it respects "the Court's decision to take another look at this case."
"We remain confident, however, that the Court will ultimately uphold its prior decision," the statement said.
Lawyers for Caperton and Harman said "the grant of rehearing should not come as a surprise given recent events."
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