UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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): December 11, 2009
Energy Services of America Corporation
(Exact name of Registrant as specified in its charter)
Delaware 001-32998 20-4606266
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(State or Other Jurisdiction (Commission (I.R.S. Employer
of Incorporation) File Number) Identification No.)
100 Industrial Lane, Huntington, West Virginia 25702-9694
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(Address of principal executive offices)
(304) 399-6315
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Registrant's telephone number, including area code
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(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 5.02 Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of
Certain Officers
(c) On December 11, 2009 the Registrant's Board of Directors appointed
Edsel R. Burns as Chief Executive Officer. Mr. Burns will retain the title of
President of the Registrant. Mr. Marshall T. Reynolds remains the Chairman of
the Board of the Registrant.
Item 8.01 Other Events
On December 11, 2009 the Annual Meeting of Shareholders was held. At the
Annual Meeting the following directors were reelected to the Board with the
noted votes for and withheld. Each director was elected to serve for a term of
one year:
For Withheld
Marshall T. Reynolds 11,113,552 208,829
Jack M. Reynolds 11,115,652 206,729
Douglas V. Reynolds 11,115,652 206,729
Edsel R. Burns 11,118,552 203,829
Neal W. Scaggs 11,281,975 40,406
Joseph L .Williams 11,284,975 37,406
Richard M. Adams, Jr. 11,284,975 37,406
Keith Molihan 11,281,975 40,406
Eric Dosch 11,285,975 36,406
James Shafer 11,115,652 206,729
Item 9.01 Financial Statements and Exhibits
(a) Financial Statements of businesses acquired.
Not Applicable.
(b) Pro forma financial information.
Not Applicable.
(c) Shell Company Transactions.
Not Applicable.
(d) Exhibits. None
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.
ENERGY SERVICES OF AMERICA
CORPORATION
DATE: December 11, 2009 By: /s/ Edsel R. Burns
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Edsel R. Burns
President
(Duly Authorized Representative)