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This news story originally provided by WV Metro News
November 2, 2005
Court Hears Massey Subsidiary Case
Click here to listen to audio from this hearing (mp3)
MetroNews
Charleston
That's the thrust of an argument Attorney Bob McCuskey made on behalf of Marfork Coal Company, a Massey subsidiary, Tuesday in front of the State Supreme Court.
"Historically, these have been settled, once a show cause order is issued, with a three day permit suspension. In this case Director (Matthew) Crum prohibited his people from entering into settlement negotiations," says Attorney Bob McCuskey.
Crum is no longer with the office.
Massey's Attorney had filed a request for Justice Larry Starcher to recuse himself from the case, based on comments that he made last week calling Massey CEO Don Blankenship 'stupid.' Starcher filed an order saying he would not recuse himself and he was an active part of the discussion during motion hearings on Tuesday.
Justice Starcher: "You're, basically, contending that it's out of whack with what has been historically done to coal companies who have these spillage accidents and different types of things."
Attorney McCuskey: "That's essentially correct your honor."
Justice Starcher went on to question the way similar penalties are levied against other coal companies. "Were his suspensions spread across the industry, for example, did Consol get cracked or did they all tend to be Massey?" The Attorney's answer, "No, they were all Massey."
McCuskey says, in similar cases, a three day suspension was the normal means of operation.
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