Latest / Ask the Lawyer / 03/19/2026 Ask the Lawyer with Harvey Peyton

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03/19/2026 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 1: The views and opinions expressed on this program do not
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Speaker 1: necessarily reflect the views and opinions of five eight whs
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Speaker 1: it's employees or WVRC media.
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Speaker 2: Of course, all.
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Speaker 3: Creation differ equal.
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Speaker 4: Well, Nass, come here in a cape can rob.
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Speaker 1: You don't have to fight the law. You can put
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Speaker 1: it on your side.
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Speaker 3: This morning, Harvey Payton is here from the Paton Law Firm,
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Speaker 3: taking your phone calls three zero four three four five
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Speaker 3: fifty eight fifty eight three four five fifty fifty eight
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Speaker 3: is our number. More information online Patent Law Firm dot com,
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Speaker 3: p e y tu and Peyton Law from dot com. Harvey,
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Speaker 3: good morning, How you doing this morning?
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Speaker 5: Well, Coop, I'm doing well. The weather has you know
0:48
Speaker 5: this is what I call Shiloh with and read a
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Speaker 5: lot about history, part about the Civil War of the
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Speaker 5: Battle of Shilloh, which was it was in April sixty two.
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Speaker 5: But again it's in that middle area of the Upper
1:01
Speaker 5: South in Tennessee. We suffer the same thing here. I
1:04
Speaker 5: mean Sunday I was outside in seventy degree weather a
1:11
Speaker 5: pair of shorts, short sleeved shirt with a sweater vest,
1:16
Speaker 5: and then Monday to take the dog for her morning walk.
1:22
Speaker 5: It's bundle up the bogging, heavy coat, and then we
1:28
Speaker 5: got snow. It's all my little daffodils are bent over
1:31
Speaker 5: and we're so proud, and I'm afraid. Finally got my daughter,
1:35
Speaker 5: bought a bought my wife and I a little peach tree.
1:39
Speaker 5: The plant over the we got a pretty good sized
1:41
Speaker 5: lot plant over the hill. It's been like four years,
1:45
Speaker 5: five years. It's finally salt buds and blooms. That was Saturday.
1:51
Speaker 5: I have them down to look this week. But I'm
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Speaker 5: assuming it's going to be nipped like every other everything else.
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Speaker 5: But here we are today. We've gover having warm weather
2:00
Speaker 5: this weekend. Good because people are going to be traveling
2:03
Speaker 5: to Morgantown, a lot of folks. I was listening to
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Speaker 5: the show on the way in, and big happening is
2:09
Speaker 5: in Morgantown. You know, you've got the coliseum. We're you know,
2:12
Speaker 5: hosting an NCAA sectional event is a big deal. Oh yeah, right,
2:16
Speaker 5: you got University of Kentucky, you got my nam of Ohio.
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Speaker 5: You know programs who really follow their teams and who
2:24
Speaker 5: are closed. I mean, the thing was sold. I understand
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Speaker 5: eleven thousand tickets were sold for the complete session. In
2:29
Speaker 5: the first three or four hours. Yeah, the ladies really
2:32
Speaker 5: sold it out. And that's not you know, that doesn't
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Speaker 5: include of course, there's some blocks of tickets set aside
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Speaker 5: for the participating schools, and it'll be a sellout. At
2:40
Speaker 5: the same time, you've got over at the baseball park,
2:42
Speaker 5: which is right across the river, you know, or right
2:45
Speaker 5: up on the hill, you know, the Mountaineer baseball team,
2:49
Speaker 5: which is you know, sort of a hidden gym in
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Speaker 5: the crown of college athletics at WU. Now they're playing
2:56
Speaker 5: BYU in a weekend series. And then there's my park
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Speaker 5: out past out past the Star City Bridge, went out
3:05
Speaker 5: that way, like you're going towards Reevesville where the tremendous
3:08
Speaker 5: aquatics complex. They're having meets all weekend. It's going to
3:12
Speaker 5: be a busy time, but it's all for the good.
3:15
Speaker 5: I mean, anything that positive happens. Athletics is certainly not
3:19
Speaker 5: the most important thing in the life of a university,
3:22
Speaker 5: but it matters because you know, when you take a
3:25
Speaker 5: look at schools that excel in athletics, particularly if they've
3:30
Speaker 5: not had a history of excelling or performing at the
3:33
Speaker 5: highest level, who all of a sudden find success particularly
3:39
Speaker 5: success that's in the public eye. Enrollment goes up. You
3:44
Speaker 5: know the little Florida Gulf Coast University that made its
3:49
Speaker 5: way into the Sweet sixteen what ten years ago there,
3:51
Speaker 5: Enrolling went up by a third after that. But you know,
3:55
Speaker 5: even in that, you wonder why in West Virginia. Maybe
4:01
Speaker 5: it's that way everywhere, but we almost play the state,
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Speaker 5: its economy and its population as it's a zero sum
4:09
Speaker 5: game excellence one place the tracks from excellence another, which
4:14
Speaker 5: is not at all true. I mean, the excellence is excellence.
4:16
Speaker 5: You can achieve at a high level without degrading or
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Speaker 5: in essence competing. It's kind of a little bit distressing.
4:26
Speaker 5: I was listening to the show, well, I think it
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Speaker 5: was maybe Dave Allen's show Monday or Tuesday, and Rusty
4:32
Speaker 5: Webb was on Russy's Friend of Mine. I mean, we're
4:34
Speaker 5: not close friends, but if we see each other, we're
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Speaker 5: cordial and sure, you know little two lawyers, and Rusty's
4:40
Speaker 5: unquestionably a huge supporter of Marshall University. He was on
4:44
Speaker 5: the radio touting the I guess he had Bred and
4:48
Speaker 5: Alex Smith here for some function. It may have been
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Speaker 5: related to a tennis tournament, right, and rusty. He's bragging.
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Speaker 5: He said, you know what, Martin, that would be Marshall University,
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Speaker 5: the soccer team as the only Division one national championship
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Speaker 5: in any athletic Well, that's true, it's excellent, it's wonderful.
5:07
Speaker 5: Well it's not five minutes before somebody calls in or
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Speaker 5: sins the text. Well what about w rifle? Well, what
5:14
Speaker 5: does that have to do with it? You know, why
5:16
Speaker 5: does excellence with one place? I mean, there's no question
5:18
Speaker 5: that Marshall is making great strides, or at least apparently
5:22
Speaker 5: making great strides. That's not to say that they were
5:25
Speaker 5: a backwater before. I mean you have to watch when
5:28
Speaker 5: you talk about anybody making a lot of progress or
5:30
Speaker 5: reaching new heights. Well, does that mean we had a
5:34
Speaker 5: low starting point? Well, necessarily, all three of my children
5:39
Speaker 5: graduated from Marshall University. All their spouses graduated from Marshall University.
5:43
Speaker 5: I'm sort of that my wife graduated from Marshall University.
5:45
Speaker 5: So we're you know, I'm that lone mountaineer at the top.
5:49
Speaker 5: I like to tell them, well, we're doing all this
5:51
Speaker 5: start it started up here at w So I mean,
5:54
Speaker 5: if we could just overcome that, I mean the fact
5:57
Speaker 5: that Brad Smith, he is a rock star at least
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Speaker 5: here and to a degree nationally in the realm of
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Speaker 5: university administration, because number one, he's a real billionaire and
6:08
Speaker 5: he comes from this huge, big business, tech centric, somewhat
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Speaker 5: progressive left coast, the West Coast and decided, well, I'm
6:19
Speaker 5: going to come back to West Virginia do some good.
6:21
Speaker 5: Who can argue with that, But that doesn't diminish at
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Speaker 5: all the role of the new president Benson at WVU.
6:31
Speaker 5: I mean, we would hope that they would work in
6:32
Speaker 5: tandem than they do. I'm sure to achieve excellence in
6:37
Speaker 5: all the higher education in West Virginia, including the West
6:41
Speaker 5: Virginia State University, which is really a gem here in
6:43
Speaker 5: the Kanau Valley Bridge Valley. I saw the sign as
6:47
Speaker 5: I come in, you know off I sixty four of
6:49
Speaker 5: the exit there at Canawa Turnpike. Well, you do a great
6:52
Speaker 5: job every Unfortunately, I found myself in a situation over
6:57
Speaker 5: the last well three years where I have to have
7:01
Speaker 5: these CT scans with regularity because I've got this aor
7:04
Speaker 5: to deal and every person, you know, I just like
7:08
Speaker 5: to talk to the technicians. I mean, how you doing
7:12
Speaker 5: all you've been doing this. Where do you live? Where'd
7:15
Speaker 5: you go to school? And invariably Bridge Valley. They're cranking
7:19
Speaker 5: out these radiology texts and personnel at a good high rate,
7:25
Speaker 5: and it's an affordable rate. Now you see has a program,
7:28
Speaker 5: and that certainly doesn't knock you see. But admittedly, because
7:32
Speaker 5: of their private status, they're a lot more expensive, maybe
7:36
Speaker 5: even unaffordable for kids and their parents who want to
7:40
Speaker 5: see their children graduate without this crushing load of student debt.
7:45
Speaker 5: So we ought to be really happy for all these
7:47
Speaker 5: institutions and not pick at each other. Rusties do a
7:51
Speaker 5: little bragging there, but so what I mean, he's an alumni,
7:54
Speaker 5: he's part of his school. I brag about the Mountaineers
7:56
Speaker 5: all the time, But that doesn't mean that you have
7:58
Speaker 5: to that you're actually unggrading anybody. But now we're finished
8:03
Speaker 5: with the legislative session at ground to a halt on
8:05
Speaker 5: the Saturday evening lamp to an ending. I guess we
8:10
Speaker 5: could talk about Rayley's law more today, but it's been
8:14
Speaker 5: talked about so much. I really hadn't read the text.
8:21
Speaker 5: I just, you know, I follow the popular news. I'm
8:25
Speaker 5: familiar with the issues that they're talking about because We've
8:28
Speaker 5: had some really bad situations here where students have been
8:33
Speaker 5: taken out of the public school system on almost a
8:37
Speaker 5: nefarious basis to avoid scrutiny or observation of children who
8:43
Speaker 5: may be showing signs of abuse and neglect. And we predictably,
8:47
Speaker 5: when nobody's watching, bad things happen. We had one in
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Speaker 5: Boone County and Jackson County and Harrison County where children
8:55
Speaker 5: and those who like Amy Grady, who is our senator,
8:58
Speaker 5: she represents Putnam County as well as Mason and part
9:01
Speaker 5: of Jackson. I mean, she's a teacher, fourth grade teacher
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Speaker 5: down of Mason County, and she's far from a liberal.
9:08
Speaker 5: I mean, Amy Grady's not, but what her stances on
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Speaker 5: the current national administration, wh it's certainly not what do
9:17
Speaker 5: you call it a liberal? And she's a huge proponent
9:20
Speaker 5: of this bill. She said, you know, we've the bill
9:23
Speaker 5: and I read it. I read the amendment. I'm thinking, well,
9:25
Speaker 5: what is the great objection here the amendment that was
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Speaker 5: offered to the higher educator or the education bill. Jess
9:36
Speaker 5: says the superintendent should not approve a withdrawal from public
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Speaker 5: school for homeschooling, either a public school or a public
9:46
Speaker 5: charter school if there's an obusie neglect investigation pending, which
9:53
Speaker 5: was originated by a mandatory reporting by a teacher or administrator.
9:59
Speaker 5: It's not like somebody can just say, well, i'll fix you.
10:03
Speaker 5: I'll call and make a false report and there's some
10:05
Speaker 5: third party or some anonymous step. These are limited to
10:08
Speaker 5: those cases where a school person hell say, look, we've
10:12
Speaker 5: got to report this. There are signs of abuse, and
10:15
Speaker 5: if that's the case, then you've got fourteen days two
10:19
Speaker 5: weeks to resolve that. And it was not resolved in
10:22
Speaker 5: two weeks, and the folks that are allowed to go
10:24
Speaker 5: in withdraw the student of private school. I mean, it's
10:27
Speaker 5: just hard. I can't I mean, I can't seem to
10:31
Speaker 5: hear anybody verbalize, and I listen and read what's on
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Speaker 5: Metro News and what's in the newspapers, some cogent statement
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Speaker 5: by an opponent of why this is a bad idea,
10:48
Speaker 5: Why is this a bad why is this an assault
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Speaker 5: on anybody. I'm proud of the fact that in Putnam County,
10:55
Speaker 5: the two delegates who represent Sarah Drennan is one I
11:00
Speaker 5: don't know the other young man's name. They represent the
11:02
Speaker 5: sort of the west side of the River of the
11:03
Speaker 5: Tays Valley, Winfield, Hurricane Town area all voted in favor
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Speaker 5: of the Rayleigh's law, so did jb Acres. You know
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Speaker 5: a good fellow who's the House Judiciary Chairman. I'd be
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Speaker 5: proud of them. But for some reason, forty nine folks
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Speaker 5: essentially voted to kill the bill on Saturday night as
11:26
Speaker 5: opposed to forty seven who voted in favor. It's just
11:28
Speaker 5: hard to and those in favor included the Speaker's just
11:33
Speaker 5: sort of hard to comprehend me. And I read it
11:35
Speaker 5: and read it. Where is the Where's the real poison
11:39
Speaker 5: pill in this?
11:41
Speaker 1: The thing that really gets on me.
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Speaker 3: And I have some experience in management with different corporations
11:47
Speaker 3: and places where I've worked and stuff like that. So
11:48
Speaker 3: if I would take best practices that I've learned over
11:51
Speaker 3: the course of my life when it comes to excelling
11:54
Speaker 3: at anything, but I have to be business. I've never
11:56
Speaker 3: been an educator, but I've never seen anything work when
11:59
Speaker 3: there's no where, there's no standards, and there's no accountability.
12:02
Speaker 3: You have to have standards in accountability in anything that
12:04
Speaker 3: you do, or you're just not going to You're not
12:06
Speaker 3: going to find a team of self starters. You have
12:08
Speaker 3: to have standards and accountability, and it seems like that
12:12
Speaker 3: all this does is put some accountability with a standard
12:15
Speaker 3: of of making sure that there's no abuse without there
12:19
Speaker 3: being any real disruption of the overall process at all.
12:22
Speaker 3: I mean again, and I homeschool my child. I have
12:24
Speaker 3: never had her enrolled in public school yet, so I
12:26
Speaker 3: know there's a little bit of a difference there. But
12:28
Speaker 3: I'm not really sure why we push back so much
12:32
Speaker 3: against standards and accountability.
12:35
Speaker 1: That bothers me a bit. Well, it bothers me.
12:38
Speaker 5: It bothered me of course because I'm a taxpayer and
12:42
Speaker 5: I would like to see our tax dollars spent efficiently.
12:47
Speaker 5: I was talking to another lawyer yesterday who represents some
12:54
Speaker 5: really pretty significant business interests who may be looking at
12:58
Speaker 5: some development that's God help the account to me locally
13:01
Speaker 5: And bemoaning the fact that we talk about a low
13:05
Speaker 5: workforce participation rate, well, it's not because from observation that
13:10
Speaker 5: there's this legion of just lazy people who are leeching
13:14
Speaker 5: off the system and don't want to go to work.
13:18
Speaker 5: It's because we've got a really old population. We have
13:21
Speaker 5: a lot of people who suffer from, if not completely
13:24
Speaker 5: disabling diseases or disabilities, something that sufficiently interferes with their
13:30
Speaker 5: ability to work. To get them in the competitive job market,
13:33
Speaker 5: there may be a lot of work good will industry
13:35
Speaker 5: or workshop type work. But then you've got those who
13:40
Speaker 5: live in rural areas, those who have children that need
13:44
Speaker 5: to be cared for, preschool children, so you have transportation problems,
13:50
Speaker 5: you have childcare problems. We then have back to the
13:52
Speaker 5: basic problem of education. If you have some folks who
13:56
Speaker 5: are just not as lucky as others, don't read at
14:01
Speaker 5: a tenth grade level when they're in the tenth grade,
14:05
Speaker 5: they may not even be in school by the time
14:07
Speaker 5: they're aged out to the tenth grade because they only
14:10
Speaker 5: read at a third or fourth grade level. And that's
14:12
Speaker 5: a tragedy and we need to address that and get
14:15
Speaker 5: some plan to I don't know that we're going to
14:20
Speaker 5: be able to reverse the downslide and population, because we've
14:23
Speaker 5: got a significant gap between deaths and verse that's far
14:26
Speaker 5: out number birth. But certainly, if we're going to if
14:31
Speaker 5: we are going to get ahead as a state and
14:35
Speaker 5: become anywhere competitive with Ohio or Pennsylvania or Maryland or
14:42
Speaker 5: Virginia maybe even with Kentucky or Kentucky has deep and
14:48
Speaker 5: meaningful education problems as well. We just have to find
14:52
Speaker 5: an answer getting to children read, getting this system of
14:58
Speaker 5: community and technical colleges, trade schools beefed up, and not
15:03
Speaker 5: just for people who were born within our borders, but
15:05
Speaker 5: people who come here because they want to be here.
15:08
Speaker 5: And when we started after the Civil War, one of
15:13
Speaker 5: the problems we had in West Virginia was just like
15:15
Speaker 5: a workforce. And so the state employed Johannes Distabar, the
15:21
Speaker 5: man who designed the West Virginia Seal, and he was
15:24
Speaker 5: a labor agent. They sent him over to Europe said
15:27
Speaker 5: find out some people. They found some Swiss people and
15:29
Speaker 5: told him that West Virginia was just like Switzerland. So
15:32
Speaker 5: now have Helvasia and Alpina and those towns up in
15:37
Speaker 5: Randolph County. They're quite productive. You know, during the Great Depression,
15:42
Speaker 5: the federal government built Eleanor, which was called Red House
15:46
Speaker 5: Farms at the time, and populated it with unemployed, starving
15:51
Speaker 5: coal miners and their families from the coalfields who were adrift.
15:56
Speaker 5: And now you've got this nice prosperous community. We've got
15:59
Speaker 5: good employment down there got damn an electric You're right
16:02
Speaker 5: close to Toyota. You've got applatch and railcar services, a beautiful,
16:07
Speaker 5: little clean community, and then all of a sudden it
16:11
Speaker 5: stopped somehow in the seventies, it all sort of stopped,
16:14
Speaker 5: ground to a halt. You just wondering what happened to us.
16:18
Speaker 5: If you look at the economy of the Kanaw Valley
16:22
Speaker 5: in nineteen seventy, it was good. It was diverse. The
16:27
Speaker 5: telephone company had a new building across the river. The
16:30
Speaker 5: gas company had a new building across the river. We
16:32
Speaker 5: built Imperial towers, the apartments up here. You know, Morris
16:36
Speaker 5: Harvey College had become the University of Charleston. The car
16:40
Speaker 5: By Technical Center was great. Guns What happened? What happened?
16:45
Speaker 1: I don't know.
16:46
Speaker 5: We still have some coal left, which is a big
16:48
Speaker 5: part of the economy, but other than that, they're just
16:53
Speaker 5: you just have to I don't know that anybody's ever that.
16:55
Speaker 5: Someone probably has some university press somewhere. There's probably a
16:59
Speaker 5: publication what happened to the kanawh Valley? What happened to
17:04
Speaker 5: the area between Charleston and Huntington and Montgomery. That just
17:09
Speaker 5: sent us into a tail spin and we're just fighting
17:12
Speaker 5: to recover from it. Fighting. I mean, but we did
17:15
Speaker 5: us in good news yesterday, and that's a big deal.
17:17
Speaker 5: I think when a West Virginia born and bred resident
17:21
Speaker 5: from Logan County becomes the chief executive officer of Appalachian
17:26
Speaker 5: Power Company, that's a big I mean, that's a company
17:28
Speaker 5: that's based I think they're based out of Roanoak, but
17:32
Speaker 5: it's a major part of the American electric power system.
17:35
Speaker 5: So Brian Abraham, who's actually his wife's a judge down here,
17:39
Speaker 5: I think in Cannawk County. I've never appeared before her,
17:41
Speaker 5: but I met her because she worked in the prosecutor's
17:44
Speaker 5: office in Logan County. And I don't know mister Abraham well,
17:48
Speaker 5: I mean, I don't want to see him, because you know,
17:50
Speaker 5: he was always sort of around Governor Justice and he's
17:54
Speaker 5: actually around the Logan County courthouse. But I think he
17:57
Speaker 5: used to be certainly complimented for that. The negative headline
18:00
Speaker 5: was attorney for coal bearing appointed CEO of power company.
18:08
Speaker 5: Oh that's the way to work. A little negative, right,
18:11
Speaker 5: a little subtle sort of The Charleston Gazette dig what
18:16
Speaker 5: does that have to do with the fact He's obviously
18:18
Speaker 5: a smart guy. He works hard.
18:20
Speaker 3: I mean, and how are within the industry anyway, I
18:23
Speaker 3: mean speaking has the way things work. Of course, some
18:26
Speaker 3: way has ties to the industry more or less. I
18:27
Speaker 3: mean that's the way those things typically. What do you
18:30
Speaker 3: want to get somebody? You're gonna get it? Get a
18:32
Speaker 3: like a an environmentalist from another country.
18:35
Speaker 1: I mean, it doesn't make any sense.
18:36
Speaker 5: I mean, unfortunately, that's done a lot in American commerce.
18:40
Speaker 5: You get a guy who was, true I worked with
18:42
Speaker 5: young industries selling ice cream, and then now he's made
18:45
Speaker 5: CEO of a retail store chain and just ruins. I mean,
18:50
Speaker 5: how often does that happen? But it's not going to
18:53
Speaker 5: happen here. I mean, but you know, you hear about
18:58
Speaker 5: the power company and there's a constant about rates. I
19:02
Speaker 5: heard this morning on again on the Metro News that
19:07
Speaker 5: the company that proposes to build a gas generation facility
19:10
Speaker 5: in Montage County has asked the Public Service Commission to
19:16
Speaker 5: impose a approximbly one percent rate increase on the rate holders
19:22
Speaker 5: to build the facility. And I think, well, wait a minute,
19:24
Speaker 5: where are the shareholders? I mean, this company's owned by
19:27
Speaker 5: shareholders that's publicly traded. I mean they why do they
19:30
Speaker 5: own the stock? Well, because they receive dividends. Well, maybe
19:33
Speaker 5: they need to receive a little bit of a less
19:35
Speaker 5: dividend because essentially what we're doing is, if you think
19:39
Speaker 5: about it, if the cost of building this plant is
19:42
Speaker 5: like one percent of everybody's monthly bill, add infinitum, Well,
19:49
Speaker 5: and that's absorbed by the rate payers, where does that
19:51
Speaker 5: one percent go? It's paid out as dividends to the
19:55
Speaker 5: shareholders and institutional investors and hedge funders who profit mightily
19:59
Speaker 5: from the that I mean at the very tectonic plate level.
20:04
Speaker 5: And nobody just say that. I mean, I haven't heard
20:06
Speaker 5: that said. What about the ratepayers or the rate payers
20:09
Speaker 5: versus the the shareholders who are and bond holders who
20:13
Speaker 5: received dividends and bond payments from these kinds they haven't
20:17
Speaker 5: expectations of profit? Well, didn't manage your company better, don't
20:20
Speaker 5: just mismanage mismanaged cold contracts, play the political wins as
20:27
Speaker 5: they shift backwards and forwards. Keep your mind on making money,
20:32
Speaker 5: selling power efficiently, and let the shareholders, if they don't
20:36
Speaker 5: like it because they're dividends reduced, get new management. And
20:39
Speaker 5: when is the last time that happened in this state.
20:41
Speaker 5: You just wait for the bell out. Yeah, I mean
20:44
Speaker 5: generally speaking, if you're extraction, you just wait for the bellout.
20:47
Speaker 5: We wait for my opinion, We wait for the bail
20:49
Speaker 5: out a lot which has nothing to do. If somebody
20:52
Speaker 5: has a listen, if you're listening to the sound of
20:54
Speaker 5: my voice and you have a question about the laws
20:57
Speaker 5: and sea level issue about a problem you're confronted with
21:02
Speaker 5: a business transaction. Maybe you've got an issue with your
21:04
Speaker 5: insurance company or another insurance company about a claim you've
21:07
Speaker 5: got pending. If you need to file a claim about
21:11
Speaker 5: the damage to your car from the terrible potholes. If
21:14
Speaker 5: you need to ask maybe a simple question about handling
21:18
Speaker 5: a loved one's estate or taking the steps necessary to
21:22
Speaker 5: make it easy on your family once you're gone, let's
21:25
Speaker 5: just give us a call. I mean at the Peyton
21:27
Speaker 5: Law Firm. I mean wire office is down at twenty
21:29
Speaker 5: eight oh one First Avenue in Nitro. We almost have
21:33
Speaker 5: like an officer of the deck arrangement where there's always
21:37
Speaker 5: try to have somebody there, either me or Tom or
21:41
Speaker 5: available to answer calls or see people if they walk in.
21:44
Speaker 5: And I mean the reason we do the show. I
21:47
Speaker 5: think it's important that you let folks know don't be
21:49
Speaker 5: afraid to call a lawyer. This is not going to
21:51
Speaker 5: be a monumentally bank breaking experience, but it may save
21:57
Speaker 5: you a lot of trouble in the future. You take
21:59
Speaker 5: a look at people that I'm going to write my
22:03
Speaker 5: own deed, Well you can do that. But if it
22:06
Speaker 5: doesn't follow the statutory form and you pass away and
22:09
Speaker 5: your kids in here at the property and they want
22:13
Speaker 5: to sell it, and some lawyers saying well you can't
22:16
Speaker 5: because what daddy did twenty years ago is not proper,
22:21
Speaker 5: then you have to pay sometimes thousands of dollars to
22:24
Speaker 5: go back and straighten that out. It's a good thing
22:28
Speaker 5: if you have an issue. Certainly at the Payton Law Firm,
22:31
Speaker 5: we welcome called. We just think it's an honor that
22:34
Speaker 5: somebody would think enough of you to call for some advice.
22:36
Speaker 5: You know, think about that, just a guy from Saint Albans.
22:40
Speaker 5: My dad was a male man, my mom was a nurse.
22:43
Speaker 5: I just you know, it's a it's just a grad
22:49
Speaker 5: who's been in Nitro for fifty two years and to
22:51
Speaker 5: actually think that somebody would call and ask for advice
22:55
Speaker 5: because they guess they think, well, your advice matters, and
22:57
Speaker 5: that's quite flattering. And I think the law, the whole
23:01
Speaker 5: legal profession should should cherish that idea. There's more to
23:05
Speaker 5: it than just running a bunch of ads, and we
23:11
Speaker 5: need to take a break.
23:12
Speaker 1: Yeah, yeah, whatever, you get a chance, we take a
23:14
Speaker 1: break when doing that.
23:15
Speaker 5: I don't want to get on a ramp out advertising,
23:17
Speaker 5: So okay, I will stop and hope Paul run break.
23:19
Speaker 1: We'll get a call now that give us a call
23:21
Speaker 1: this one.
23:21
Speaker 3: If you want to put the power of Peyton on
23:23
Speaker 3: your side or comment on any of the things that
23:25
Speaker 3: Harvey had to talk about this morning, you're more than
23:26
Speaker 3: welcome to give us a call three zero four three
23:27
Speaker 3: four five fifty to fifty eight three four five fifty
23:30
Speaker 3: eight fifty eight. You can text over your year comment
23:31
Speaker 3: or question if you'd like to. That's three zero four
23:33
Speaker 3: non three five five zero zero eight. Three zero four
23:35
Speaker 3: non three five five zero zero eight. But we encourage
23:38
Speaker 3: your phone calls three four five fifty eight fifty eight
23:40
Speaker 3: three four five fifty fifty eight. More information online Peyton
23:42
Speaker 3: Law Firm dot com.
23:43
Speaker 1: P U Y t O N. Peyton Law Firm dot com.
23:45
Speaker 3: You're listening to ask the lawyer on five adw c
23:48
Speaker 3: HS the Voice of Charleston.
23:49
Speaker 1: We'll be back right after this.
23:50
Speaker 4: If you've been injured, you need a lawyer who knows
23:53
Speaker 4: West Virginia because they live in West Virginia. Tom and
23:56
Speaker 4: Harvey Peyton were born and raised here. They've spentacades fighting
24:00
Speaker 4: for injury victims, and they know how to get results.
24:04
Speaker 4: At the Peyton Law Firm, you get straight talk, strong representation,
24:08
Speaker 4: and local attorneys who care. Call seven five five fifty
24:12
Speaker 4: five fifty six today or visit Peytonlawfirm dot com.
24:16
Speaker 3: The attorney's referenced in this ad or lifelong residents and
24:18
Speaker 3: are licensed to practice law in the state of West Virginia.
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Speaker 6: Retirement is in a finish line. It's a new beginning,
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Speaker 6: But are you really ready. I'm John bred At with
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Speaker 2: Securities offered through Gennapcole Financial Incorporated Member Finracipic Advisory Services
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25:10
Speaker 3: You are listening to ask the law here one five
25:13
Speaker 3: EWHS the voice for Charleston. We'll have a few minutes
25:16
Speaker 3: left in the program this morning, about twelve or thirteen
25:18
Speaker 3: minutes or so. You're welcome to give Harvey a cafe.
25:20
Speaker 3: You have any questions about the law, you can put
25:22
Speaker 3: a law on your side with the Paytent Law Firm.
25:23
Speaker 3: Give us a call this morning three zero four, three
25:25
Speaker 3: four five fifty eight fifty eight, three four five fifty
25:27
Speaker 3: eight fifty eight. You can text three zero four nine
25:29
Speaker 3: three five five zero zero eight. I don't want to
25:31
Speaker 3: give a bunch of phone numbers at one time, so
25:32
Speaker 3: the Paithon Law Firm one line is Paithon Lawfirm dot
25:34
Speaker 3: com py t O and I'll get you their phone
25:36
Speaker 3: number before we leave the airwaves here this morning. But
25:38
Speaker 3: you're welcome to give us a call. We still have
25:39
Speaker 3: plenty of time if you want to pick Harvey's brain.
25:41
Speaker 5: Well, the legislature's gone at least for the time being,
25:44
Speaker 5: and unfortunately, as we fell prey to the same thing,
25:48
Speaker 5: we talk more about legislation that didn't pass than what did,
25:52
Speaker 5: and that's difficult to do. Right now, we're sort of
25:54
Speaker 5: in that fog of legislature for the next ten to
25:57
Speaker 5: fourteen days before we can get a true roster of
26:00
Speaker 5: here are the bills that passed. Here's the bills that
26:03
Speaker 5: passed that the governor signed or that became law without
26:05
Speaker 5: his signature. We're really lucky to paint law firm. We've
26:09
Speaker 5: been longtime members of the Western Indian Association for Justice,
26:12
Speaker 5: which was formerly the Western Trial Lawyers representing plaintiffs and
26:18
Speaker 5: people who are injured by the negligence of others. And
26:21
Speaker 5: we employ and have employed for a long time some
26:24
Speaker 5: legislative service personnel who keep track of the bills. So
26:28
Speaker 5: usually by by about thirty days out from the session,
26:31
Speaker 5: we'll get each member gets a summary. You know, here's
26:35
Speaker 5: of every bill, not the budget bills, not the appropriation bills.
26:39
Speaker 5: But there are things, you know, I don't know. Did
26:42
Speaker 5: the legislature do anything this session with regard to real property?
26:46
Speaker 5: You know, eleven years ago the legislature passed the Transfer
26:51
Speaker 5: on Death Need Act, which became tremendously helpful of people
26:55
Speaker 5: in West Virginia and then subsequently they were amendments to
26:58
Speaker 5: the Uniform Power of Attorney Act. So we don't know
27:01
Speaker 5: what's been done. You know, a bill was introduced last
27:05
Speaker 5: year in twenty twenty five. It didn't go anywhere, and
27:07
Speaker 5: I'm not sure if it was reintroduced to quote abolish
27:10
Speaker 5: the doctrine of adverse possession, which would be a tremendous
27:16
Speaker 5: shake up in the law of real property and the
27:17
Speaker 5: ability to quiet use of easements and rights away and
27:21
Speaker 5: things of that nature. So I don't know what happened.
27:24
Speaker 5: And there are bills that are the product of there
27:28
Speaker 5: are uniform state law committees which look at the law
27:32
Speaker 5: in every state and say, well, this is something that's good.
27:35
Speaker 5: It's usually in the area of the state administration trust administration.
27:44
Speaker 5: There are some bills that relate to injury claims, insurance claims,
27:49
Speaker 5: very well thought out and they sort of work their
27:52
Speaker 5: way through quietly and moved through committee and are enacted
27:58
Speaker 5: and have some either beneficial or non beneficial effect on
28:02
Speaker 5: the people that we represent. At sea level. We really
28:05
Speaker 5: can't talk about that yet because the whole session it's well,
28:09
Speaker 5: it's news, it's newsworthy, you don't it's not really newsworthy
28:13
Speaker 5: to say, well, the legislature adopted a statute regarding the
28:18
Speaker 5: charge that can be made for a copy of a
28:20
Speaker 5: deed or will, or you've passed a law regarding how
28:24
Speaker 5: you set a piece of one piece of property in
28:26
Speaker 5: one county when a person dies in another. I mean,
28:29
Speaker 5: those are all things that could help the public, but
28:31
Speaker 5: they're not reported on because they're just not news. But
28:35
Speaker 5: we'll find out. Last year the legislature made one change
28:40
Speaker 5: that's a little bit inconvenient. You know. If let's take
28:44
Speaker 5: a deed. There's a form in the code for what
28:47
Speaker 5: a deed has to say. That is a deed transferring
28:50
Speaker 5: title to real property, real estate land. It has to
28:54
Speaker 5: have a granting clause and an acknowledgment, and it has
28:58
Speaker 5: to have a statement of what consideration was it was paid,
29:01
Speaker 5: and normally would be signed by the owner of the
29:04
Speaker 5: property who's conveying it to the buyer. That's called the
29:08
Speaker 5: grand tour and the grantee. And legal terms, well, now,
29:13
Speaker 5: and a number of circumstances, not only do the grand
29:17
Speaker 5: tours or the sellers sign that deed, but the grantee
29:21
Speaker 5: has to sign the deed and have it notarized as well,
29:23
Speaker 5: which is something new, and it addresses an unfortunate situation
29:30
Speaker 5: where sometimes people just want to give away a piece
29:32
Speaker 5: of property without telling someone. Perhaps, for instance, a piece
29:35
Speaker 5: of property that may have an old gas station. Right
29:40
Speaker 5: nobody in the world in their right mind would take
29:42
Speaker 5: title voluntarily to an old event and gas station with
29:46
Speaker 5: tanks in the ground, because you're taking on tremendous liability.
29:50
Speaker 5: It may be a piece of property where there's a
29:53
Speaker 5: boundary dispute, or where there's an obligation contained in a
29:56
Speaker 5: deed to make certain improvements. One of the examples that
30:00
Speaker 5: I can think I as a real estate developer who
30:03
Speaker 5: retains title to the streets and draining systems in a subdivision.
30:07
Speaker 5: They sell all the lots, they got their money. Then
30:10
Speaker 5: they'll just send around execute a deed conveying all those
30:12
Speaker 5: improvements to a what maybe a defunct homeowners association, and
30:16
Speaker 5: they just walk away, transferring the liability to the various
30:21
Speaker 5: lot of owners. You don't know about it until an
30:23
Speaker 5: issue arises. Then he goes, well, here's this deed. It's
30:25
Speaker 5: been on a record, so that in order to stop
30:28
Speaker 5: that from happening, now I get it. Convances from husband
30:31
Speaker 5: to wife, parent a child, grandparent, a grandchild child, and
30:36
Speaker 5: and you know in law son in law, those are
30:39
Speaker 5: all exempt. And even though they're without consideration, there's no
30:44
Speaker 5: requirement that it's just presumed that under those circumstances the
30:49
Speaker 5: beneficiary has accepted the gift and the deeds recorded. But
30:54
Speaker 5: I mean, that's a bit of a change for the good,
30:56
Speaker 5: although it is mildly inconvenient. So we'll see if I'll
31:01
Speaker 5: keep an eye on it. I won't be here for
31:02
Speaker 5: a couple of weeks. Tom's going to be here over
31:05
Speaker 5: the next couple of weeks, but now he's got a
31:07
Speaker 5: jury trial coming up next week. I think in front
31:09
Speaker 5: of Judge Abraham, actually the first lady of now she's
31:14
Speaker 5: the first lady of apple atri what brings the mind
31:18
Speaker 5: of thought probably or analytic es to be commenced in
31:22
Speaker 5: Kanaw County, I would suspect you probably recuse herself, right, Yeah, well,
31:27
Speaker 5: I would think, you know, although I don't know if
31:29
Speaker 5: she's a shareholder, if he's a shareholder. But you know,
31:34
Speaker 5: judges are bound by a pretty strict standard of even
31:37
Speaker 5: the appearance of impropriety, or the appearance that may if
31:41
Speaker 5: it's not in appearance of impropriety. It's appearance that may
31:44
Speaker 5: reflect poorly on the judiciary, maybe give rise to a thought,
31:50
Speaker 5: even though it may be unfounded of some sort of
31:54
Speaker 5: subjective bias. It seemed to me that would be the
31:58
Speaker 5: wise thing for Abraham to if it happens. I mean,
32:02
Speaker 5: usually lawsuits that involve major corporations, almost none of whom
32:09
Speaker 5: are West Virginia companies. They are companies that do business here,
32:13
Speaker 5: but they exist by virtue of the laws of another state.
32:18
Speaker 5: If the Mountain controversy exceeds seventy five thousand dollars in
32:21
Speaker 5: those cases are automatically removable from state court to the
32:25
Speaker 5: United States District court, which is what happens with most
32:27
Speaker 5: of them. I think probably in the realm of the
32:31
Speaker 5: power company. As far as state court proceedings that are
32:35
Speaker 5: not transferable, it would be condemnation, right, and maybe some
32:39
Speaker 5: rate litigation that is not subject removal because it's a
32:44
Speaker 5: matter of regulatory state law. So we'll see, I hopefully
32:47
Speaker 5: the end by the time we all get back here
32:49
Speaker 5: around the first of May, if there any little glitches
32:55
Speaker 5: or changes that have been made that we think are
32:57
Speaker 5: going to affect what I like to refer to as
33:01
Speaker 5: the sea level people. They can practice law in an
33:03
Speaker 5: Ivory tower. They teach law a lot of times in
33:05
Speaker 5: the Avery Tower, but you practice at sea level where
33:08
Speaker 5: people live, and so it will keep her on it
33:09
Speaker 5: is that.
33:10
Speaker 3: It's the news line. Unfortunately not for us. Well we
33:13
Speaker 3: were deceived that. Why do they tease me that way? Yeah?
33:16
Speaker 3: I know this city's so good. Just you get in
33:17
Speaker 3: right now, maybe enough time to get a phone call
33:19
Speaker 3: in for Harvey. Threes were four three, four, five, fifty
33:21
Speaker 3: fifty eight? Or send a text? Or you send a text?
33:23
Speaker 3: Threes were four nine, three, five five years are eight?
33:25
Speaker 3: Try to get those numbers out as fast as I can.
33:26
Speaker 3: I would like to say something. I was driving down
33:29
Speaker 3: the road, Oh gods last week and for some reason
33:35
Speaker 3: Dave Allen Gay, Yeah, they do the middle of the
33:37
Speaker 3: day show. Yeah, yeah, David and Amanda Baron yet yeah,
33:39
Speaker 3: I don't think Amanda was there that day. Maybe Weekly
33:42
Speaker 3: was there, and he did sit in with him a
33:43
Speaker 3: few times last week.
33:44
Speaker 5: Well, yeah, I've drived down the roads right near the
33:46
Speaker 5: end of the day and they're they're reading texts, and
33:50
Speaker 5: he said, well, here's a text said Harvey Payton should
33:52
Speaker 5: run for governor.
33:53
Speaker 1: Oh hey, I remember when you ran for senator.
33:57
Speaker 5: No, it was for the House or house.
33:58
Speaker 1: That's right now.
33:58
Speaker 5: I didn't have any idea what I was doing. Politics
34:01
Speaker 5: is a completely different paradigm. If you're not cut out
34:05
Speaker 5: for it, don't do it. You may think I've got
34:08
Speaker 5: all these good ideas that I would like to espouse,
34:10
Speaker 5: and you take about two steps forward and the politicians
34:14
Speaker 5: that tell you to know everything say, oh, you can't
34:16
Speaker 5: do that. And it was just a really disappointing and
34:20
Speaker 5: futile experience on my part. And then what I wanted
34:23
Speaker 5: to do is just get a bunch of radio ads
34:26
Speaker 5: and just talk about stuff like we talk on the air.
34:29
Speaker 5: But then I got directed. You know, see, I'm going
34:31
Speaker 5: to give you some money and this person can help you.
34:34
Speaker 5: And here's the message. The polling says, yeah, this message stinks.
34:39
Speaker 5: I mean, so I felt the lost. I mean, I mean,
34:43
Speaker 5: I didn't want everything in Putnam County. But that's just
34:45
Speaker 5: because geography rules the world in politics. But it was
34:50
Speaker 5: just unsatisfying because when it was over that, well, I
34:53
Speaker 5: could have gone down swinging just as well saying exactly
34:56
Speaker 5: what I wanted to say. Well, you can't say that
34:59
Speaker 5: because that's liberal. And if you win, they'll use that
35:02
Speaker 5: against you. Well, and I was dumb enough to listen
35:06
Speaker 5: to it, so I can nobody to blame it myself.
35:08
Speaker 3: I really wish we could just be authentic in our politics.
35:10
Speaker 3: If you're a little liberal, you're a little conservative, you're
35:12
Speaker 3: a low in the middle, you're a little libertary, whatever
35:14
Speaker 3: it might be. Everybody probably is a little bit of things,
35:18
Speaker 3: you know, I mean, you should be anyway, Well, we.
35:20
Speaker 5: May be approaching that level again. I mean, I can recall,
35:23
Speaker 5: I'm old enough to recall the legislative makeup and the
35:28
Speaker 5: legislative gubernatorial battles of the late sixties to the early seventies,
35:33
Speaker 5: because Archmore was the governor, and you had people like
35:36
Speaker 5: Alverbraski and Bill Brotherton up in the legislature, and you know,
35:41
Speaker 5: you had people like Sam mccorgyll here in Kanawa County.
35:44
Speaker 5: People recruited candidates not based upon ideology or clickbait issues,
35:53
Speaker 5: but upon well, this guy's smart, he can read, he's
35:56
Speaker 5: got a little business over here. I think to me,
36:01
Speaker 5: the performance that we've seen at least the last two
36:04
Speaker 5: years from the legislature particularly say it, but on the
36:10
Speaker 5: Senate side, I mean you've got just the paucity of
36:15
Speaker 5: business people, real deeply embedded in the community, folks. I
36:20
Speaker 5: just think it's the fact that the voters are seeing this.
36:28
Speaker 5: I wouldn't all be all surprised to see not a
36:32
Speaker 5: flipping of this super majority, but some of the folks
36:34
Speaker 5: who are more oriented to finding cliques and likes on
36:40
Speaker 5: Facebook as opposed to the hard work of seeing what
36:44
Speaker 5: it's going to take to get our kids reading it
36:46
Speaker 5: about the fourth grade level. When they're in the fourth grade,
36:49
Speaker 5: they get voted out, may well get voted out. I mean,
36:52
Speaker 5: I'm not sure what's going to happen, but he would
36:55
Speaker 5: hope you fat I've got a good friend. I went
36:58
Speaker 5: to ask with Zeke and with buddies, me went to McKinley,
37:03
Speaker 5: and I went to Hayes. We've been, for instance, asking
37:05
Speaker 5: we we have it out online because he's a trumpet
37:08
Speaker 5: and I'm not. And but you know, he mentioned the
37:11
Speaker 5: position that he'd been to see and that's why I
37:13
Speaker 5: already liked that guy. He's a good guy. Said well,
37:15
Speaker 5: you won't like him now because he's a conservative and
37:17
Speaker 5: he's running for office, and said, no, no, no, I would
37:19
Speaker 5: still like him because I know him. He's smart, right,
37:21
Speaker 5: He's smart, and that's what we need. So if you're listening,
37:27
Speaker 5: find the smart ones, find the ones that care, find
37:29
Speaker 5: the ones that work hard. Look for people with callouses
37:32
Speaker 5: on their hands, and I shades and advisors right next.
37:40
Speaker 5: So Tom will be here next week. We'll get to
37:41
Speaker 5: hear the real McCoy. I will be gone for a
37:44
Speaker 5: couple of weeks and hopefully he'll let me come after
37:46
Speaker 5: that and give my legislative summer. How's that?
37:49
Speaker 1: That's great stuff.
37:50
Speaker 3: That's Harvey Payton from the Peaton Law from one Line
37:52
Speaker 3: Peyton Law from dot com. P e y T you
37:53
Speaker 3: in every Thursday right here, ask the lawyer on five
37:55
Speaker 3: ATWHS either Tom or Harvey Peyton comes by in Nitro
37:59
Speaker 3: Western sing at three zero four seven five five fifty
38:01
Speaker 3: five fifty six three zero four seven five five fifty
38:03
Speaker 3: five fifty six one more time three.
38:05
Speaker 1: Zero four seven five five five five five six.
38:08
Speaker 3: Thanks for tuning in everyone, Dave Allen Show is coming
38:10
Speaker 3: up next. I'll be back this after afternoon at three
38:12
Speaker 3: or six with Dave Weekly on hotline.
38:14
Speaker 1: Harvey, have a good week. We'll see you next time.
38:15
Speaker 5: I'm gonna do my very best do you think care?
38:17
Speaker 5: Do you think it's your homeschooling on that little girl?
38:19
Speaker 1: Now, I will have a great day, Harvey, have a
38:20
Speaker 1: gret day everyone.
38:23
Speaker 4: Five ad w C HSA M ninety six point five FM,
38:26
Speaker 4: Charleston one oh four point five Cross Lays.
38:28
Speaker 1: WUVRC Media Station. We're proud to live here too,