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) July 29, 2004
MASSEY ENERGY COMPANY
(Exact name of registrant as specified in its charter)
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| Delaware | | 1-7775 | | 95-0740960 |
(State or other jurisdiction of Incorporation) | | (Commission File No. ) | | (I.R.S. Employer Identification Number) |
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| 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 12. Results of Operations and Financial Condition.
On July 29, 2004, Massey Energy Company (the “Registrant”) issued a press release regarding its unaudited earnings for the three months ended June 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 12 “Results of Operations and Financial Condition.” In accordance with General Instruction B.6 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.
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.
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| | | MASSEY ENERGY COMPANY |
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Date: July 29, 2004 | | By: | | /s/ Thomas J. Dostart
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| | | Name: | | Thomas J. Dostart |
| | | Title: | | Vice President, General Counsel & Secretary |
Exhibit Index
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| 99.1 | | Press release dated July 29, 2004 issued by the Registrant entitled “Massey Energy Reports Improved Profitability in 2004 Second Quarter.” |
