8-K 1 d8k.htm FORM 8-K 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) October 26, 2004

 


 

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)

 

Registrants 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 2.02. Results of Operations and Financial Condition.

 

On October 26, 2004, Massey Energy Company (the “Registrant”) issued a press release regarding its unaudited earnings for the three months ended September 30, 2004. The press release is attached hereto as Exhibit 99.1 and is incorporated by reference into this Item 12.

 

This Current Report on Form 8-K and the earnings press release attached hereto are being furnished by the Registrant pursuant to Item 2.02 “Results of Operations and Financial Condition.” In accordance with General Instruction B.2 of Form 8-K, the information contained in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section or Sections 11 and 12(a)(2) of the Securities Act of 1933, as amended. In addition, this information shall not be deemed incorporated by reference into any of the Registrant’s filings with the Securities and Exchange Commission, except as shall be expressly set forth by specific reference in any such filing.

 

Item 9.01. Financial Statements and Exhibits.

 

(c) Exhibits.

 

Exhibit
Number


 

Description of Exhibit


99.1   Press release dated October 26, 2004 issued by the Registrant entitled “Massey Energy Reports Third Quarter 2004 Financial Results.”


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: October 26, 2004

 

By:

 

/s/ Thomas J. Dostart


   

Name:

 

Thomas J. Dostart

   

Title:

 

Vice President, General Counsel & Secretary


Exhibit Index

 

99.1   Press release dated October 26, 2004 issued by the Registrant entitled “Massey Energy Reports Third Quarter 2004 Financial Results.”