CHARLESTON, W.Va. -- West Virginia Supreme Court of Appeals Chief Justice Elliott E. Maynard, whose impartiality has been questioned in the court's decision overturning a $75 million judgment against a unit of Massey Energy, vacationed in 2006 with Massey CEO Don Blankenship in Monte Carlo while that case was before the court, according to court papers filed here yesterday.

The papers and 34 photos dated between July 3 and 5, 2006, were filed by Pittsburgh attorney Bruce Stanley, attorney for mining company owner Hugh Caperton.

Mr. Caperton, his Harman Mining and two other affiliates sued Massey in 1998, claiming they were defrauded and that Massey interfered with their ability to do business. Mr. Caperton and his three mining companies were awarded $50 million in damages in a 2002 jury verdict against Massey affiliates. The award has grown to an estimated $75 million since then because of costs and interest.

The state Supreme Court overturned the verdict Nov. 21 by a 3-2 vote. Justice Maynard, who became the court's top justice Jan. 1, voted with the majority in favor of Massey.

Mr. Caperton's lawyer asked that Justice Maynard withdraw his vote from the Nov. 21 decision and not participate in deliberations on Mr. Caperton's request that the court rehear the appeal. If Justice Maynard doesn't do that, the other justices should take "all necessary steps to remove the impact of the specter of bias, impropriety, and the deprivation of any semblance of fairness," Mr. Stanley wrote in the motion.

Previously, Mr. Caperton failed to persuade Justice Brent Benjamin, who also voted in favor of Massey, to excuse himself from the case because his 2004 election campaign benefitted from more than $3 million Mr. Blankenship contributed to help defeat Justice Benjamin's opponent.

"It's really difficult for me to feel there is any justice in the Supreme Court of West Virginia," said Mr. Caperton, a cousin of former West Virginia Gov. Gaston Caperton.

Justice Maynard could not be reached for comment. Calls to Massey and its attorney were not returned.

Massey spokesman Jeff Gillenwater told The Associated Press that Mr. Blankenship and Justice Maynard did meet in Monaco and Nice, France, during the summer of 2006.

"While there, they did meet up for lunch and dinner occasionally together," Mr. Gillenwater said.

He told The Associated Press he did not believe the two had coordinated their vacation plans.

"I won't even dignify that with a response," said David Fawcett, the Pittsburgh attorney who represented Mr. Caperton's companies in the case.

Ten photos that included images of "two females apparently traveling with them as companions," according to the court papers, were filed under seal and are not part of the public record. Of the remaining 24 photos, several show Justice Maynard and Mr. Blankenship smiling and looking directly into the camera.

"To see them laughing when my fate is in the hands of Justice Maynard, it made me angry and sick," Mr. Caperton said. "We hope and pray this court will do something that will make this right."

Mr. Fawcett said it is "very, very, very disturbing that this kind of contact was taking place without our knowledge."

In a Jan. 4 motion, Mr. Caperton asked Justice Maynard to disqualify himself if he had dinner with Mr. Blankenship on Nov. 8, less than two weeks before the court ruled in favor of Massey. Yesterday's motion amends that request by asking the court to step in if Justice Maynard does not step aside.

What Justice Maynard and the rest of the Supreme Court decide to do about the allegations of impropriety could affect the fate of a $240 million judgment Wheeling-Pittsburgh Corp. won against Massey in July. Massey has asked the Supreme Court for permission to appeal the verdict, said Mr. Fawcett, who represents the steelmaker.

The Supreme Court's 3-2 ruling in favor of Massey "shattered West Virginia precedent, broke new legal ground and misinterpreted and misapplied the law," Mr. Stanley said in papers previously filed with the court.

The decision also prompted sharp dissenting opinions from the minority.

"The majority went out of its way to make findings that fit its intended result rather than the justice of the cause," wrote Justice Joseph P. Albright.

Justice Larry V. Starcher, who was critical of Mr. Blankenship's involvement in Justice Benjamin's 2004 campaign, wrote that Mr. Blankenship tried to get him excused from the case so that the Massey CEO could "have in toto the kind of court he wants."

"Fortunately, the public can see through this kind of transparent foolishness," Justice Starcher wrote.