SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) March 18, 2005 (March 17, 2005)
MASSEY ENERGY COMPANY
(Exact name of registrant as specified in its charter)
| Delaware | 1-7775 | 95-0740960 | ||
| (State or other jurisdiction of Incorporation) |
(Commission File No.) | (I.R.S. Employer Identification Number) |
| 4 North 4th Street, Richmond, Virginia | 23219 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (804) 788-1800
N/A
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240. 13e-4(c)) |
Item 8.01. Other Events.
On March 17, 2005, the Registrant received an order from the trial court judge of the Circuit Court of Boone County, West Virginia denying the Registrant’s post-trial motions in the Harman lawsuit. The Registrant had requested that the August 1, 2002 verdict in the Harman lawsuit be overturned or reduced, or a new trial be granted. The judge upheld the $50 million verdict, plus post-judgment interest, currently $13 million. The Registrant will appeal the verdict to the Supreme Court of Appeals of West Virginia. The Registrant’s press release dated March 18, 2005 is attached as Exhibit 99.1 and is incorporated by reference into this Item 8.01.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
| Exhibit Number |
Description of Exhibit | |
| 99.1 | Press release dated March 18, 2005 issued by the Registrant entitled “Massey Energy to Appeal Verdict.” |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| MASSEY ENERGY COMPANY | ||||
| Date: March 18, 2005 | By: | /s/ Thomas J. Dostart | ||
| Name: | Thomas J. Dostart | |||
| Title: | Vice President, General Counsel & Secretary | |||
Exhibit Index
99.1 Press release dated March 18, 2005 issued by the Registrant entitled “Massey Energy to Appeal Verdict.”