The Wall Street Journal-20080128-Wheeling-Pitt to Seek Recusal of Two Judges

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Wheeling-Pitt to Seek Recusal of Two Judges

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Wheeling-Pittsburgh Corp. is expected to seek the disqualification of two West Virginia Supreme Court of Appeals justices in a case involving a $250 million verdict against Massey Energy Co., which Massey is seeking to appeal.

Last week, the court's Chief Justice Elliott "Spike" Maynard agreed to recuse himself in a separate case against Massey after photos surfaced showing him socializing in Monaco with the coal company's CEO, Don Blankenship, while the case was pending before him.

In that case, the court had ruled in Massey's favor, reversing a $76.3 million verdict won by Harman Mining Co. and its president, which had sued Massey, accusing the coal giant of illegally squeezing Harman out of business.

Wheeling-Pitt is expected to ask Justice Maynard to recuse himself from its case, along with a second state Supreme Court justice, Brent Benjamin. Justice Benjamin received substantial financial support in his judicial election campaign from Mr. Blankenship.

Roger S. Hendriksen, director of investor relations for Massey, declined to comment on the Wheeling-Pitt case, but said, "The decision for recusal lies with the justices themselves."

Jennifer Bundy, a spokeswoman for the West Virginia Supreme Court, said neither justice has recused himself from the case.