8-K 1 massey_8k.txt FORM 8-K ================================================================================ 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) August 1, 2002 --------------------- MASSEY ENERGY COMPANY (Exact name of registrant as specified in its charter) Delaware 1-7775 95-0740960 (State or other jurisdiction of (Commission File No.) (I.R.S. Employer Incorporation) 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 ================================================================================ Item 5. Other Events. Massey Energy Company reports the jury verdict described in the attached press release. Exhibits 99 Press Release 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 August 2, 2002 By: /s/ R. Eberley Davis ------------------------------------- Name: R. Eberley Davis Title: Vice President, Secretary & General Counsel FOR IMMEDIATE RELEASE Contact: Katharine W. Kenny Director, Investor Relations (804) 788-1824 MASSEY ENERGY REPORTS JURY VERDICT Richmond, Virginia, August 2, 2002 - Massey Energy Company (NYSE:MEE) reported that a jury in Boone County, West Virginia returned a verdict yesterday evening against Massey Energy Company of approximately $50.0 million, including compensatory and punitive damages, in a lawsuit brought by Hugh Caperton and various companies owned by him, including Harman Mining Corporation. The jury found that Massey tortiously interfered with Harman's business and committed fraudulent misrepresentations and fraudulent concealment, in connection with a claim of force majeure under a coal purchase agreement. "We are shocked and discouraged by the jury's decision," said Don L. Blankenship, Chairman and CEO of Massey Energy. "We continue to believe that Massey's actions were an appropriate exercise of our legal rights. We find especially discouraging a damage award so clearly excessive and we intend to vigorously pursue an appeal." Massey Energy Company, headquartered in Richmond, Virginia, is the fifth largest coal producer in the United States. ###