On Friday, the court put the case on its Sept. 8 calendar. Retired Putnam County Circuit Judge James Holliday will replace disqualified Chief Justice Brent Benjamin.
The state’s lone appellate court has sided with Massey and voted 3-2 to overturn the verdict twice before. However, the U.S. Supreme Court revived the case June 8, ruling Benjamin should have stepped aside because Massey’s CEO spent more than $3 million helping him get elected in 2004.
With interest, the verdict has grown to more than $82 million.
Benjamin sided with the majority in favor of Richmond, Va.-based Massey in January 2008 and November 2007.
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