Latest / WCHS Network Podcasts / 12/19/2024 Ask the Lawyer with Harvey Peyton

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12/19/2024 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

• 0:00
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  Speaker 2: The views and opinions expressed on this program do not
• 0:18
  Speaker 2: necessarily reflect the views and opinions of five eight wcchs
• 0:22
  Speaker 2: it's employees or WVRC Media.
• 0:26
  Speaker 3: Put the power of maybe on the side.
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  Speaker 2: We have a courtroom experience.
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  Speaker 4: On such an we.
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  Speaker 5: Never give up.
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  Speaker 6: We're prepared to fight for your rights.
• 0:40
  Speaker 5: When you need action.
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  Speaker 6: Count on us real what the power of pason on
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  Speaker 6: your side, the power of all right, I'll get that help.
• 0:55
  Speaker 6: I've got a really important part. You're the host. Are
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  Speaker 6: we on the ear?
• 1:04
  Speaker 4: Peyton long?
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  Speaker 6: And we're struggling along here, folks, a little bit here
• 1:08
  Speaker 6: at the end. Do you see what happens? Hoppy kerchie
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  Speaker 6: Will announces his retirement on the wheels start to wiggle off.
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  Speaker 6: There's the button there now we found the right button.
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  Speaker 4: Hold it long enough.
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  Speaker 6: We had to find the button, Hoppy news where the
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  Speaker 6: buttons are and now come January three, we'll be redderless,
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  Speaker 6: right sea of news and commentary. Well we can start
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  Speaker 6: off today. How about this. Yesterday was Jennifer of my
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  Speaker 6: wedding anniversary wonderful? It wasn't great. Well, we had this
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  Speaker 6: great day planned. We were going to go over here
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  Speaker 6: to Leonora's on East Washington Street, have dinner, our Italian
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  Speaker 6: restaurant of choice, the greatest salad dressing in the world. Well,
• 1:49
  Speaker 6: then the day before you, Molly has our fourteen year
• 1:53
  Speaker 6: old beagle who actually Victoria Jackson, Vicki Jackson, who used
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  Speaker 6: to work here at the station. Oh yeah, she found
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  Speaker 6: Olly abandoned on the street there in Nitro when she
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  Speaker 6: was just maybe less than a year old. She had ammonia.
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  Speaker 6: So Vicky, who's got a heart of gold, took Molly in,
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  Speaker 6: took her to the vet, had her spade, nursed her
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  Speaker 6: back to health, and then Rick Cochran, who was also
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  Speaker 6: here for a while, he adopted her. But Rick had
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  Speaker 6: the MS. I forgot about that, right, And so you know,
• 2:23
  Speaker 6: to take a beagle for a walk, you've got to
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  Speaker 6: be able to hold on to that leash. And at
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  Speaker 6: that time she was a pop and so I came
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  Speaker 6: in one day and Vicky said, do you want you
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  Speaker 6: still want the dog? Because Rick, Yeah, she pulled him down,
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  Speaker 6: and so yeah, so we've had Bolly. Well, she's in
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  Speaker 6: really good health for fifteen years old, and you know,
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  Speaker 6: you can imagine everybody that loves dogs or has a
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  Speaker 6: dog or a pet for a long period of time,
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  Speaker 6: they just become a part of you. And she's started
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  Speaker 6: getting sick in the house and sort of walking around
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  Speaker 6: in circles of what the world was. So we go
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  Speaker 6: over to the Hurricane Animal Hospital, which is over there
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  Speaker 6: on Mount vern And Road where the.
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  Speaker 4: Faces the interstate, where yeah, where the old Channel twenty
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  Speaker 4: three was, Yeah, Town.
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  Speaker 6: Twenty three was there, the first Fox affiliate in the valley,
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  Speaker 6: and really good veterinary physician. It turns out that like
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  Speaker 6: a lot of even old human beings, Molly has about
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  Speaker 6: of idiopathic vestibular ear disease, which is a long way
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  Speaker 6: of saying vertigo.
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  Speaker 4: Yeah.
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  Speaker 6: So, but it normally passes in a few days. But
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  Speaker 6: we just had to stay home yesterday and watch our
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  Speaker 6: so instead of our Italian immediate at Leonora's, which we're
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  Speaker 6: going to catch up on as soon as Molly gets better.
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  Speaker 6: It was the bake spaghetti from Gino's right down the street,
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  Speaker 6: which is, by the way, really really good.
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  Speaker 4: That's excellence began. So I think it's some of the
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  Speaker 4: first in my lifetime because we didn't have McDonald's on
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  Speaker 4: every corner growing up. You know, Gino's was one of
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  Speaker 4: the first.
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  Speaker 6: Of the oh yeah, the little Geno's. When the over
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  Speaker 6: on west side of Saint Yeah Rictor we turn out
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  Speaker 6: uh Rowberry Raad. We used to be a gas station.
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  Speaker 6: There was an old house there that was quite historic.
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  Speaker 6: It was an end on them.
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  Speaker 4: I think it was the original tas Teese house, I'm
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  Speaker 4: not mistake.
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  Speaker 6: Yeah, taste property on the James River and Knlawd Turnpike
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  Speaker 6: which was Route sixty at the time that it was
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  Speaker 6: a gasoline station and then it became a Geno's announced
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  Speaker 6: of Gino's Tutor combination. Yes, so it was delightful. And
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  Speaker 6: Molly's on the on the men. She's not staggering around
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  Speaker 6: as much this morning, and we had to modify our plans.
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  Speaker 6: But so we're here and uh on the way in. Actually,
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  Speaker 6: yesterday I was at the office and Tom generally goes
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  Speaker 6: to the post office and came back inswell Hoppies announcing
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  Speaker 6: on the radio his retirement. It was at the end
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  Speaker 6: of the show, and I thought back, you know, it's
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  Speaker 6: one time, I thought, at least when the legislature's in session,
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  Speaker 6: when Hoppy was broadcasting from the Capitol Dome, he was,
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  Speaker 6: if not the most influential non politician in the state
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  Speaker 6: of West Virginia. He was certainly one of them. Everybody listened,
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  Speaker 6: and everybody paid attention. And he's smart, and he's usually right,
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  Speaker 6: and I can tell you he cost me some money once.
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  Speaker 4: How did that happen?
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  Speaker 6: Well, I was leaving the Putnam County court House. This
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  Speaker 6: was probably in nineteen ninety eight. I think Don Marsh
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  Speaker 6: may have still been on the air with him. I
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  Speaker 6: don't think that Don was on that day and Hobbies
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  Speaker 6: in Morgantown and I listen turn on the radios to
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  Speaker 6: start back up to Nitro, and that was a day
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  Speaker 6: after President Clinton had made his I did not have
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  Speaker 6: sex with that woman speech and Hoppy and what I
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  Speaker 6: thought was sort of I didn't know him at the time.
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  Speaker 6: I just knew him as a voice on the radio,
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  Speaker 6: and he was a foil for Don Marsh. She was
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  Speaker 6: more liberal Hobby.
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  Speaker 4: He was the former gazette editor. Yeah, and Logan County.
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  Speaker 6: He was indeed and hoppy and what I thought was
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  Speaker 6: sort of a derisive term, and was said, oh yeah, right,
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  Speaker 6: uh yeah, who's gonna believe that? Well, you know, I
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  Speaker 6: believe him. So in my impetuous youth, I went back
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  Speaker 6: to the office, called my friend Zack carnatakanav Valley Advertising,
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  Speaker 6: said you got a couple of billboards. Now here's what
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  Speaker 6: I want to put on them. President Clinton is telling
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  Speaker 6: the truth. So that before I know it, there is
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  Speaker 6: a billboard and rock branch and one on Route sixty
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  Speaker 6: near the Jefferson Volunteer Fire Department which has bold letters
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  Speaker 6: President Clinton is telling the truth. And that's not all
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  Speaker 6: it said in the lower right hand corner. I said,
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  Speaker 6: this billboard paid by. Well, so you're exposed at that point, Well, yeah,
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  Speaker 6: I mean by. And I'm thinking if people are calling
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  Speaker 6: and all sorts of derisive I get some guy from
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  Speaker 6: a radio station Vermont called, and some producer for ABUS called.
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  Speaker 6: He I was like, no, I'm not talking to anybody.
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  Speaker 6: That's just what I believe. Well, it turned out six
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  Speaker 6: months later he wasn't telling the truth. It was a
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  Speaker 6: pack of lies. I never heard a word from anybody
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  Speaker 6: associated with President Clinton or any of his entera who
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  Speaker 6: might have said, you know, we're kind of sorry we
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  Speaker 6: pulled a wool over.
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  Speaker 4: Yeah, I just sorry we exposed you like.
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  Speaker 6: But but then the next year, in ninety nine, we
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  Speaker 6: ended up on this show. There was a lawyer doing
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  Speaker 6: the show. I think it was Rusty Webb, and Rusty
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  Speaker 6: didn't renew at the end of either ninety eight or
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  Speaker 6: ninety nine. He was running for office. It must have
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  Speaker 6: been nineteen ninety eight. So then we got Tom wasn't
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  Speaker 6: with me yet at the time. He was still a
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  Speaker 6: law school in Morgantown. So Linda Arnold approached me and said,
• 7:31
  Speaker 6: you know, this would be a good opportunity for you,
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  Speaker 6: and she introduced me to Paul Howard. Well, once Paul
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  Speaker 6: got gets you, sucks, you know, he was the greatest
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  Speaker 6: sales rep client rep absolutely in the world.
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  Speaker 4: In fact, he hired me, you know, when I was
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  Speaker 4: like twenty five years old, and I think he was
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  Speaker 4: already sixty something.
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  Speaker 6: Oh yeah, So that that was the start who asked
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  Speaker 6: the lawyer on this station. And I think now that
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  Speaker 6: Hoppy's going to retire January third. After that day, this
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  Speaker 6: is probably the longest continuously running uninterrupted, same same gus,
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  Speaker 6: same sort. I don't think I'm a host.
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  Speaker 4: What would you call Well, you're kind of sort of
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  Speaker 4: with the show revolves around you.
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  Speaker 6: In the Western Radio Corporation Network, all the great networks.
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  Speaker 4: Then again our less sports Line with you know, with
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  Speaker 4: Tony Careedi.
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  Speaker 6: All sports Line has been a long time.
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  Speaker 4: I mean there was before that was the sports page
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  Speaker 4: of the year with Ernie Saunders here on w Legendary.
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  Speaker 4: I mean that went on from the forties up through
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  Speaker 4: about nineteen eighty or so. But anyway, we had some
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  Speaker 4: microphone problems earlier. We got them fixed. I'm your host.
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  Speaker 4: Ron Hughes'd with Harvey Peyton from the patent law firm
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  Speaker 4: that he partners with his son Tom with to end
• 8:39
  Speaker 4: with the preposition, I shouldn't have done that. Anyway, They're
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  Speaker 4: at twenty eight oh one First Avenue. You can reach
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  Speaker 4: them at three or four seven five five five, five
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  Speaker 4: five six. But if you want to ask a question
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  Speaker 4: of Harvey Peyton with what close to fifty years of experience.
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  Speaker 6: Well, I've been my fifty first year right now practicing law.
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  Speaker 6: I got my fifty year little plaque back in was
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  Speaker 6: it May April whenever? The annual meeting of the State
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  Speaker 6: Bar was So. Yeah, between Tom and I, we have
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  Speaker 6: a combined seventy five years of legal experience at your back.
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  Speaker 6: And call right there one first Avenue.
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  Speaker 4: And you can get it for free by calling in
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  Speaker 4: at three oh four three four two eight one three one.
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  Speaker 4: That's three four two eight one three one and say
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  Speaker 4: you have a question for Harvey Payton.
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  Speaker 6: Well, you know it's coming up on the radio this morning.
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  Speaker 6: What Putnam County has been a huge part of my practice,
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  Speaker 6: in Thom's practice, and I grew up in Saint Albans, right,
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  Speaker 6: But in nineteen seventy six the legislature expanded the judiciary
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  Speaker 6: in Putnam County. It was a two county circuit at
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  Speaker 6: that time, Mason and Puttenham together and there has only
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  Speaker 6: been one judge, and they expanded at the two judges.
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  Speaker 6: Jimmy Lee Thompson was the sitting judge and Hobby Spaulding
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  Speaker 6: was now Hobby was still in private practice over at Hurricane. Yeah.
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  Speaker 6: So the in the election that fall there were two
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  Speaker 6: seats up. Judge Thompson did not win one of the seats.
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  Speaker 6: Jim Holliday and Clarence Watt were elected as judges for
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  Speaker 6: the circuit and they alternated serving between Mason and Putnam County. Well,
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  Speaker 6: my family goes back pretty deep in Mason County. I mean,
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  Speaker 6: my grandmother grew up down on Little sixteen there in
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  Speaker 6: the south side. She actually met my grandfather. He was
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  Speaker 6: from Huntington. He was a carpenter electrician and she was
• 10:27
  Speaker 6: working as a cook on the Peter Couch farm down
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  Speaker 6: the south side, and they met before he went off
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  Speaker 6: to the to the First World War. And so we really,
• 10:40
  Speaker 6: I'm not going to say we overly emphasized Putnam County,
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  Speaker 6: but certainly is our base of clientele.
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  Speaker 4: And your office is right there.
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  Speaker 6: You know, we're in Putnam County because we're on twenty
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  Speaker 6: eighth Street and the lines at twenty seventh Street. So
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  Speaker 6: to take an interest in what goes on at the courthouse,
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  Speaker 6: and we've got a really sad situation. I feel terrible
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  Speaker 6: about it. Steve Dewee, who was the sheriff for two
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  Speaker 6: terms and was then elected to the County Commission, you know,
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  Speaker 6: he had some issues caused him to resign from the
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  Speaker 6: County Commission, and so there's an opening and under the
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  Speaker 6: law the remaining county commissioners if there's a quorum remaining
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  Speaker 6: after the resignation, and there is because the three person
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  Speaker 6: commission and there are two Brian Ellis and Andy Skidmore
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  Speaker 6: still there, they have Republican Yes, all three were Republicans.
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  Speaker 6: So they have to fill the seat with someone from
• 11:37
  Speaker 6: the same political party. And they did the right thing.
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  Speaker 6: They asked people to submit applications, and they then they
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  Speaker 6: interviewed all those who submitted applications and they could not
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  Speaker 6: come to an agreement between the two of them.
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  Speaker 4: And they were twenty three applicants twenty one.
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  Speaker 6: And I don't think that necessarily means there was a
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  Speaker 6: lot of discord. It may be as much, well, he
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  Speaker 6: can't who we don't want to have the job, as
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  Speaker 6: much as we can decide who we can. And so
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  Speaker 6: they announced we can't reach the decision. Well, once that happens,
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  Speaker 6: the West Virginia Code says that you go to the
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  Speaker 6: county executive committee of the political party of the person
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  Speaker 6: who seat is vacant. That's the Republican party. So there's
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  Speaker 6: a fellow named Tony Hodge. I don't know Tony. I
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  Speaker 6: mean I've heard him, I met him. Several times anyway
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  Speaker 6: in the building quite a bit. So what they do.
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  Speaker 6: The County Executive Committee has to have a meeting and
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  Speaker 6: within fifteen days. Now he's talked about the list. I'm
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  Speaker 6: not sure that the County Executive Committee is even confined
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  Speaker 6: to the twenty one people who were on the list.
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  Speaker 6: They have to submit three names. They'll have a vote.
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  Speaker 6: These are people who are elected to serve on the
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  Speaker 6: Executive committe They're elected by magisterial district in the county
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  Speaker 6: to serve on the executive Committee. And once they then
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  Speaker 6: arrive at three names, the majority of the committee agrees
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  Speaker 6: on these three names, and those are submitted after the
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  Speaker 6: fifteen day period to the two county comisters. Then at
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  Speaker 6: their next meeting, as the law provides, the senior Commissioner,
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  Speaker 6: which would be Skidmore, he's been there longer than Alice,
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  Speaker 6: he gets the first strike. In other words, there's a
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  Speaker 6: list of three.
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  Speaker 4: He's like a jury.
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  Speaker 6: That's that's right, it's like a jury. He just strikes
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  Speaker 6: off one name. This is not the person that I
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  Speaker 6: That leaves two names, and so that then the surviving commissioner,
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  Speaker 6: the junior commissioner, which would be mister Allie He looks
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  Speaker 6: at the two and says, all right, of those two,
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  Speaker 6: I prefer this one, and he strikes the one he
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  Speaker 6: doesn't prefer the one who's left standing then becomes a commissioner.
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  Speaker 6: This is not going to evolve into what happened in
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  Speaker 6: Jefferson County. Remember last year, and actually the Supreme Court
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  Speaker 6: just affirmed the removal from office of two commissioners. Jefferson
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  Speaker 6: County has a five person right county.
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  Speaker 4: Commission, and two commissioners decided they were going to abstain
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  Speaker 4: from all business.
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  Speaker 6: Right. They just would not. They just wouldn't. They couldn't.
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  Speaker 4: So they couldn't do any county business right.
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  Speaker 6: So they had a five person county commission, a quorum
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  Speaker 6: would be three. Two simply said we don't agree with you.
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  Speaker 6: The executive committee submitted, and so we're just not going
• 14:09
  Speaker 6: to go to a meeting, so there will be no quorum.
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  Speaker 6: So and we know they were the two junior members,
• 14:15
  Speaker 6: so they're not going to have a voice in it.
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  Speaker 6: The two senior members of the commission where those who
• 14:19
  Speaker 6: were still sitting. And so because they couldn't run the show,
• 14:23
  Speaker 6: those two just didn't go to meetings. They kept collecting
• 14:25
  Speaker 6: their salaries. Well, finally they they were sued and ordered
• 14:34
  Speaker 6: by a circuit judge to do their job and did.
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  Speaker 6: But subsequent to that are simultaneously with that, and I
• 14:42
  Speaker 6: actually was filed in Jefferson County to remove them from office.
• 14:46
  Speaker 6: A three member panel was appointed to hear that case,
• 14:49
  Speaker 6: and they recommended removal, and they were in fact removed
• 14:52
  Speaker 6: the appeal death of the Supreme Court of Appeals and
• 14:54
  Speaker 6: the Supreme Court upheld their removal. That is not going
• 14:57
  Speaker 6: to happen in Pottnam County. We have a three person
• 15:01
  Speaker 6: commission and so the two surviving Now I suppose one
• 15:05
  Speaker 6: of those too could just say I'm not gonna come
• 15:07
  Speaker 6: to a meeting. That's not gonna happen. I don't see
• 15:10
  Speaker 6: that happening. It's not gonna happen in a well governed
• 15:14
  Speaker 6: and I don't want to see in Jefferson County is
• 15:15
  Speaker 6: not well governed.
• 15:16
  Speaker 4: They just ended up through the electoral couple of irresponsible people.
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  Speaker 6: That's correct. And I don't know Brian Ellis's well, I
• 15:22
  Speaker 6: know who he is, but I know Andy Skidmore. He
• 15:24
  Speaker 6: worked with the power company. The nice fellow, smart, well intentioned,
• 15:29
  Speaker 6: does his job. I wouldn't think we're going to have
• 15:31
  Speaker 6: any problem, and so by mid January we're going to
• 15:34
  Speaker 6: have a full county commission in Putnam County, I would predict,
• 15:37
  Speaker 6: without any rank corps and no lawsuits.
• 15:39
  Speaker 4: I don't. I don't see that happening.
• 15:41
  Speaker 6: I don't either. You know, we had a loss in
• 15:43
  Speaker 6: Putnam County. You and I spoke of it off the air.
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  Speaker 4: Uh Mark Smith, right, former former sheriff, former state police employee.
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  Speaker 6: Yeah, well, he ran the ran the academy down here.
• 15:54
  Speaker 6: Mark Smith was one of those people of when when
• 15:57
  Speaker 6: you talk to his contemporaries in the State's people like
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  Speaker 6: Art Angus who now runs security up at the State House,
• 16:04
  Speaker 6: like oh, Reggie Secrest who was there for a long
• 16:08
  Speaker 6: time and then went to the Security Service, or any
• 16:11
  Speaker 6: anyone who had association with Mark Smith. We'll just tell
• 16:17
  Speaker 6: you he was a person of heist integrity. He ran
• 16:19
  Speaker 6: a really good ship. You. Mark was a Republican, and
• 16:22
  Speaker 6: I knew that just because of his family. I mean
• 16:24
  Speaker 6: the Smith's Mike, his dad, and had brother Scotti and
• 16:28
  Speaker 6: his sister. I mean, it's just one of them. But
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  Speaker 6: he was what I call a Putnam County Don Wright Republican.
• 16:34
  Speaker 6: Don was a circuit clerk for decades. I remember don
• 16:37
  Speaker 6: kind of politic me one time for Mark. I said,
• 16:40
  Speaker 6: don you have politic me for Mark Smith. I can't
• 16:42
  Speaker 6: look for him in the primary, and I'm not going
• 16:45
  Speaker 6: to tell you what I'm gonna do in the general.
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  Speaker 6: But you're not wasting your breath. So that was a
• 16:49
  Speaker 6: stand up guy.
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  Speaker 4: I met him many many times when I was working
• 16:53
  Speaker 4: for another company and designed a campaign to help him
• 16:56
  Speaker 4: get elected. You know, not as a member of his staff,
• 16:59
  Speaker 4: but as you know, basically a vendor. Put together a
• 17:02
  Speaker 4: direct mail campaign to talk about his strengths and you know,
• 17:06
  Speaker 4: picture of him in his uniform and you know, distributed
• 17:09
  Speaker 4: it to every home in Putnham County. And of course
• 17:12
  Speaker 4: he won. But you know, he just a great guy
• 17:15
  Speaker 4: to work with.
• 17:16
  Speaker 6: It's like Billy Joel said, only the good day, right,
• 17:19
  Speaker 6: So yeah, you wonder about here's a guy like Mark Smith,
• 17:21
  Speaker 6: healthy as a horse. I mean you can see him
• 17:23
  Speaker 6: jogging up and down the.
• 17:24
  Speaker 4: Very John Wayne Ish looked, oh yeah.
• 17:26
  Speaker 6: But I really really I ran into him and Kroger's
• 17:30
  Speaker 6: just before he found out how sick he was. We
• 17:32
  Speaker 6: spent a you know, one of those conferences in the
• 17:35
  Speaker 6: produce section. He recounted the tale one of his friends
• 17:40
  Speaker 6: at the State House had called him ask if he
• 17:42
  Speaker 6: wanted to be head of corrections, and he said, you know,
• 17:45
  Speaker 6: are you crazy? Do you hate me? I have no
• 17:49
  Speaker 6: intention to do it that one.
• 17:51
  Speaker 4: That would be a thankless job.
• 17:52
  Speaker 6: Yeah. We had Mark Hew and we had another I
• 17:55
  Speaker 6: saw uh. Doctor Joan Phillips was at the visitation and
• 17:59
  Speaker 6: her husband, Bill was a state trooper. Actually he Bill
• 18:04
  Speaker 6: and jones first child was born the same day. My
• 18:08
  Speaker 6: last child was born, George in the hospital at the
• 18:11
  Speaker 6: same time Bill was yet. Bill was on duty and
• 18:15
  Speaker 6: was involved in an accident down near the John Amos
• 18:18
  Speaker 6: power plant, and it's one of those things. He suffered
• 18:22
  Speaker 6: a not a really really really serious accident, but a
• 18:25
  Speaker 6: lot of force involved, and he suffered a ruptured order
• 18:30
  Speaker 6: and died. And Jones says, she's she was a pediatrician, yes,
• 18:36
  Speaker 6: and she does a lot of valuable work in the
• 18:38
  Speaker 6: child abuse and neglect. Her word is sort of the
• 18:42
  Speaker 6: law in that regard. And you know, still doing the
• 18:48
  Speaker 6: Lord's work out there in Putnam County and on a
• 18:51
  Speaker 6: low key sort of basis.
• 18:53
  Speaker 4: Well, I mean, Putnham County's seeing a lot of progress and a.
• 18:56
  Speaker 6: Lot of my goodness, you can't imagine.
• 18:57
  Speaker 4: When I moved there in the early admitted eighties. You know,
• 19:00
  Speaker 4: there was still a tractor store over where Taco Bell is,
• 19:03
  Speaker 4: you know, and all the other shop, every shop pretty
• 19:05
  Speaker 4: much was on the side where you know Liberty Square
• 19:09
  Speaker 4: is now, except there was no Liberty Square. It was
• 19:11
  Speaker 4: all Putnam Village and.
• 19:12
  Speaker 6: Yeah, it had been a hack store and that it
• 19:14
  Speaker 6: became Kroger's. And uh, I mean there was a failed
• 19:17
  Speaker 6: truck stop on the corner where Liberty Square is now,
• 19:22
  Speaker 6: and the only thing on the other side of the
• 19:24
  Speaker 6: state Paul Cooper had an Exxon station which is now
• 19:27
  Speaker 6: a The building has been into a med Express.
• 19:31
  Speaker 4: Uh.
• 19:34
  Speaker 6: Mister Schurt Singer had the truck stop across the street
• 19:36
  Speaker 6: which is now Ta Truck Stops any Row and had
• 19:38
  Speaker 6: a tractor sales place in there. I knew him, and uh,
• 19:43
  Speaker 6: that was pretty much it.
• 19:44
  Speaker 4: Yeah, that was that was. There was a United Bank,
• 19:47
  Speaker 4: you know in McDonald's, you know, by the early eighties,
• 19:50
  Speaker 4: and not much else.
• 19:51
  Speaker 6: Well, it started out as tays Valley National Bank, which
• 19:55
  Speaker 6: was in the days before you could have branch banking,
• 19:59
  Speaker 6: you know, a banker board members. They would just form
• 20:03
  Speaker 6: another bank back across Lane started Tayes Valley National, but
• 20:07
  Speaker 6: they were all under the control like United. It was
• 20:10
  Speaker 6: sort of the shadow father figure for Tayes Valley National.
• 20:14
  Speaker 6: And then once we got branch banking, they took over
• 20:16
  Speaker 6: and then had the Putnam County Bank moved into the
• 20:18
  Speaker 6: Young building down there from their main location. It's a
• 20:22
  Speaker 6: wonderful place, I mean, Putnam County's, you know. I've been
• 20:25
  Speaker 6: really fortunate since nineteen seventy seven to have practiced in
• 20:31
  Speaker 6: the old courthouse, the new Judicial Annex all and a
• 20:36
  Speaker 6: lot of tribunals around the county provided services I think
• 20:39
  Speaker 6: to almost every municipally. I don't think I've ever done
• 20:43
  Speaker 6: any work for the Town of Winfield, not for any
• 20:45
  Speaker 6: particular reason, except worked with them one time on a
• 20:48
  Speaker 6: drainage dispute on some work for the Planning Commission for
• 20:52
  Speaker 6: the Development Authority Town of Buffalo. Bancroft represented Scott Edwards
• 20:59
  Speaker 6: in an election contest. Every time I see him, he says,
• 21:02
  Speaker 6: I'm here because of you, right.
• 21:04
  Speaker 4: Yes, a gospein mayor of Hurrica, and I guess for
• 21:06
  Speaker 4: what twenty years now, Yeah.
• 21:07
  Speaker 6: And he's eighteen years, eighteen years because of you. Yeah,
• 21:10
  Speaker 6: we had an election collests and I actually went to
• 21:12
  Speaker 6: the Supreme Court. I didn't think there was a whole
• 21:15
  Speaker 6: lot of basis for the challenge to his candidacy, but
• 21:18
  Speaker 6: we ended up winning that in the Supreme Court. Gives
• 21:21
  Speaker 6: me a lot of pain now when I hear about
• 21:24
  Speaker 6: I try to avoid conversations about politics. It's like talking
• 21:30
  Speaker 6: about religion at the dinner table. You're gonna make somebody mad.
• 21:33
  Speaker 6: But you know, I was in a group and they
• 21:35
  Speaker 6: were talking about it's great election fraudust. You know, there's
• 21:38
  Speaker 6: a lot of things. I don't know much about a
• 21:41
  Speaker 6: lot of things, but there's some things I do know.
• 21:44
  Speaker 6: Like railroad law I know a lot about because I
• 21:46
  Speaker 6: did a lot of that for like thirty years. And elections.
• 21:50
  Speaker 6: I've had three major election contests, one for a circuit
• 21:54
  Speaker 6: judge ship which was handled a unique situation, one for
• 22:01
  Speaker 6: a county commissioned slot and circuit clerk slot down in
• 22:04
  Speaker 6: Lincoln County which was a big case, and one for
• 22:08
  Speaker 6: the city. All three of those well, we ended up
• 22:10
  Speaker 6: resolving the one in Lincoln County. It did not go
• 22:13
  Speaker 6: to the Supreme Court. The Circuit court judge race did,
• 22:17
  Speaker 6: and so did the municipal race. So I said, you know,
• 22:20
  Speaker 6: I know about election law. It's almost impossible. You cannot
• 22:26
  Speaker 6: do this without someone knowing about it. I mean, there
• 22:28
  Speaker 6: are pole slips, and there are poll books, and yes, indeed,
• 22:31
  Speaker 6: there may be a case or two where someone impersonates
• 22:33
  Speaker 6: another person, but that is so uncommon and so infinite.
• 22:38
  Speaker 4: It's a lot more rare than you that everybody thinks.
• 22:40
  Speaker 6: Well, it's a lot more rare than people are told.
• 22:42
  Speaker 6: And if you know what the process is, I mean
• 22:44
  Speaker 6: Mike Warner knows what the process is. Right, He's got
• 22:48
  Speaker 6: the paradox of distance in his mind. I mean, he
• 22:50
  Speaker 6: will to test that every election he's overseen a secretary
• 22:53
  Speaker 6: of State has been the most open and transparent and
• 22:57
  Speaker 6: honest and well run election in the history of the world.
• 23:00
  Speaker 6: But I don't know about Pennsylvania, right, right, I don't
• 23:03
  Speaker 6: know about Wisconsin because he's not there watching. He's not
• 23:05
  Speaker 6: there watching. The CIA may be watching.
• 23:07
  Speaker 4: Right, Well, let's go ahead and take a break. I
• 23:08
  Speaker 4: am not going to turn this microphone off now that
• 23:10
  Speaker 4: it's I've gotten it on, at least on my side.
• 23:12
  Speaker 6: So we can't say dirty words during the break. Well,
• 23:15
  Speaker 6: I think they should.
• 23:16
  Speaker 4: I think the master control will take over. All right,
• 23:19
  Speaker 4: Let's take a break and we'll be right back.
• 23:23
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• 24:24
  Speaker 1: Put the power Peyton on the side.
• 24:28
  Speaker 4: We have the court room experience, setching need.
• 24:32
  Speaker 5: We never give up. We're prepared to fight for your.
• 24:36
  Speaker 6: Rights when you need action, count on us. What the
• 24:44
  Speaker 6: power of Peyton on your side?
• 24:47
  Speaker 2: The power.
• 24:50
  Speaker 4: And we're back with Ask the Lawyer with Harvey Peyton.
• 24:53
  Speaker 4: I'm your guest host Ron Hughes sitting it. If you
• 24:55
  Speaker 4: do have a question for Harvey and his fifty one
• 24:58
  Speaker 4: years of legal experience, it's put you can put that
• 25:01
  Speaker 4: to UH to the test called three four two eight
• 25:04
  Speaker 4: one three one. Asked to be put on the air
• 25:06
  Speaker 4: again three four two eight one three one, or.
• 25:09
  Speaker 6: If you would like to UH if you're in Potnam
• 25:13
  Speaker 6: or Mason County saying allbu's cross things. Actually the Peyton
• 25:16
  Speaker 6: Law Firm we've you know, there's there are things that
• 25:19
  Speaker 6: are out of our footprint. Obviously the Eastern Panhandle would
• 25:22
  Speaker 6: be out of our footprint. That's a five hour drive
• 25:25
  Speaker 6: and we've had cases in Morgantown. Obviously. A few years
• 25:28
  Speaker 6: ago Tom on a tremendous case for a Charleston family
• 25:32
  Speaker 6: that suffered a terrible loss in Morgantown.
• 25:35
  Speaker 4: Uh, Tom changed the jurisdiction to Morgantown for that case.
• 25:39
  Speaker 6: Or No, the accident happened in Morgan, Okay. Now, actually
• 25:42
  Speaker 6: I went to the Eastern Panhandle once to try murder case,
• 25:44
  Speaker 6: but that was on the change of venue from Mason
• 25:46
  Speaker 6: County because it was a case of high note of riding.
• 25:49
  Speaker 6: And uh we had a case. Well, John Janey, the
• 25:53
  Speaker 6: deputy who was killed in the line of dude, one
• 25:57
  Speaker 6: of the represented was appointed a re present one of
• 26:00
  Speaker 6: the code defendants. That case was moved to Wheeling because
• 26:04
  Speaker 6: of the publicity oblisting notoriety.
• 26:06
  Speaker 4: That was a huge case.
• 26:08
  Speaker 6: Yeah, my clab was actually acquitted. He was allegedly an
• 26:11
  Speaker 6: aid or in a vetter. It turned out that he
• 26:13
  Speaker 6: really wasn't. He was a person who was in the
• 26:15
  Speaker 6: wrong place at the wrong time. He's the fellow who
• 26:18
  Speaker 6: did it, who was a skunk took advantage and say,
• 26:21
  Speaker 6: you know, I got to pick up a car from
• 26:22
  Speaker 6: a buddy up in Putnam County. We ride up there
• 26:25
  Speaker 6: with me. So he ain't even have his shoes on.
• 26:27
  Speaker 6: He's just had a T shirt and jeans, no shoes.
• 26:30
  Speaker 6: He can says, you ride with me and you bring
• 26:32
  Speaker 6: my car back. So the guy hops out right, man,
• 26:36
  Speaker 6: you know this doesn't feel right to me. He takes
• 26:38
  Speaker 6: off and literally in the wrong place at the wrong time.
• 26:43
  Speaker 6: But you know, he was close to something that he
• 26:46
  Speaker 6: shouldn't have been close to. The perpetrators, those who were
• 26:51
  Speaker 6: really involved, both were convicted with the prison I think
• 26:54
  Speaker 6: one died in prison. The other served some time and
• 26:56
  Speaker 6: was released. But so our practices pretty wide ranging. We
• 27:01
  Speaker 6: go to the southern coal fields. My son Tom is
• 27:04
  Speaker 6: licensed in Ohio, so we do some work injury work
• 27:08
  Speaker 6: accident work in southeastern Ohio. Mostly what we do, most
• 27:13
  Speaker 6: of what occupies our time is accident and injury work,
• 27:17
  Speaker 6: automobile accidents, industrial accidents, or other sorts of litigation. People
• 27:22
  Speaker 6: get a claim denied by an insurance company or Tom
• 27:25
  Speaker 6: just had one recently where you know, life insurance company
• 27:28
  Speaker 6: engaged in what we call retroactive underwriting. They write a
• 27:32
  Speaker 6: policy and they have a little form that you fill
• 27:35
  Speaker 6: out which and then the person dies. They calmed through
• 27:37
  Speaker 6: their medical records for the last twenty years and said,
• 27:39
  Speaker 6: we wait a minute, hahuh. Here you had a high
• 27:43
  Speaker 6: blood sugar nine years ago, but you said you didn't
• 27:46
  Speaker 6: have been treated for diabetes, and so no, we're not
• 27:48
  Speaker 6: going to pay it was material. Those sorts of things
• 27:51
  Speaker 6: we did, We do them quite well. Tom does some
• 27:54
  Speaker 6: Social Security disability work, although we're quite selective. I mean,
• 27:59
  Speaker 6: folks need to realize Social Security disability is a disability program,
• 28:02
  Speaker 6: not an employment program. So if you retain the ability
• 28:05
  Speaker 6: to work productively at jobs available in significant numbers.
• 28:10
  Speaker 4: I think we have a question. Good, great, I hear
• 28:14
  Speaker 4: a questioner there?
• 28:16
  Speaker 6: Can you hear us?
• 28:20
  Speaker 4: They were there for a second. Then they were gone,
• 28:21
  Speaker 4: oh wow, well come back. I think we come back.
• 28:26
  Speaker 6: Now.
• 28:26
  Speaker 4: This audio board we're using it is getting ready to
• 28:29
  Speaker 4: be taken to the dump and not a second because
• 28:34
  Speaker 4: this microphone switches.
• 28:35
  Speaker 6: But if you call the Payton Law Firm, Terry. Here's
• 28:37
  Speaker 6: another good way to get to the Payton Law Firm.
• 28:39
  Speaker 6: We got a website Paytonlawfirm dot com. You can go
• 28:43
  Speaker 6: on there and you can put a face with a voice,
• 28:45
  Speaker 6: which may be a good or a bad thing. You
• 28:47
  Speaker 6: can see what I look like, what Tom looks like
• 28:49
  Speaker 6: you can see all of our staff, little bio in
• 28:51
  Speaker 6: each of us, and there's a tab that if you
• 28:54
  Speaker 6: have a question, if you're just thinking maybe I need
• 28:56
  Speaker 6: to talk to a lawyer about this, you can send
• 28:59
  Speaker 6: an email and only comes to my desk or to
• 29:02
  Speaker 6: Tom's desk. It's not one that everybody office. It's quite private,
• 29:05
  Speaker 6: and we respond to that. It's a really good way
• 29:07
  Speaker 6: to get in touch with us, because I mean, I have,
• 29:10
  Speaker 6: you know, on one of those nights where you pop
• 29:12
  Speaker 6: awake at three o'clock in the morning and you can't
• 29:14
  Speaker 6: go back to sleep. You got your laptop and look
• 29:17
  Speaker 6: at that. Oh wait a minut. Here's the question, so
• 29:18
  Speaker 6: you can answer it at any time. And if you talk,
• 29:21
  Speaker 6: if you call, you know, we used to say, well,
• 29:24
  Speaker 6: we return every call every day. It's almost impossible to
• 29:28
  Speaker 6: do that now with the volume of work right and
• 29:31
  Speaker 6: in court, but we try and return every call within
• 29:34
  Speaker 6: a reasonable amount of time. And if you don't get
• 29:36
  Speaker 6: a return call, you can call us. We put our
• 29:40
  Speaker 6: name behind it. You can call your other radios. Hey,
• 29:42
  Speaker 6: I called you.
• 29:43
  Speaker 4: Well, speaking of call, we do have our fellow James
• 29:45
  Speaker 4: from Cross Lanes. James, what's your question. I swear he
• 29:51
  Speaker 4: was there. I know he was there.
• 29:54
  Speaker 6: Maybe James can send us a text.
• 29:56
  Speaker 4: Yeah maybe no, well, our producer works to maybe maybe
• 30:03
  Speaker 4: James gave up, So well, oh, there he is, Hey, James,
• 30:07
  Speaker 4: go ahead and ask you a question.
• 30:09
  Speaker 6: All right.
• 30:09
  Speaker 3: So a couple of years ago there was a big
• 30:12
  Speaker 3: data breach through an insurance company and my old family
• 30:15
  Speaker 3: all there.
• 30:16
  Speaker 6: I can't hear it.
• 30:18
  Speaker 4: Can you hold on just a second, Harvey, can't hear it.
• 30:21
  Speaker 4: So I'm going to give him my headphones and hopefully
• 30:24
  Speaker 4: the next time I do this show it'll be from
• 30:26
  Speaker 4: the new studio.
• 30:28
  Speaker 3: Go ahead, all right, Harvey, can you hear me?
• 30:31
  Speaker 6: I can hear you. James. We're in the twenty first
• 30:34
  Speaker 6: century now. It took us a while to get there,
• 30:35
  Speaker 6: but we're there.
• 30:36
  Speaker 3: That's wye.
• 30:37
  Speaker 6: Sorry.
• 30:38
  Speaker 3: So, a couple of years ago there was a big
• 30:40
  Speaker 3: data breach through I believe it was an insurance company,
• 30:43
  Speaker 3: my entire family and all of the information was lost.
• 30:48
  Speaker 3: And a couple of weeks ago I got a notification
• 30:52
  Speaker 3: in the mail of a class action lawsuit where they're
• 30:57
  Speaker 3: offering us each I don't know, one hundred bucks something
• 30:59
  Speaker 3: like that if we sign over to that and they
• 31:04
  Speaker 3: also offered us a couple years of credit monitoring, like
• 31:08
  Speaker 3: that's really going to make a big difference. So it
• 31:13
  Speaker 3: really took me off when this happened because they weren't
• 31:15
  Speaker 3: even supposed to have our information. It was through some
• 31:18
  Speaker 3: third party that the insurance company, you know, as far
• 31:21
  Speaker 3: as I knew, never let us know they were sharing
• 31:24
  Speaker 3: our information with. If I sign off on that and
• 31:28
  Speaker 3: then two years for about all my dad has leaked
• 31:31
  Speaker 3: and I get wiped out, you know, for whatever amount
• 31:34
  Speaker 3: of money, do I have a recourse to sue them?
• 31:38
  Speaker 6: Probably not, if you opt into the class and accept
• 31:43
  Speaker 6: the money. I mean, I'm not familiar with this class action,
• 31:47
  Speaker 6: but generally they provide for once there's approval of the
• 31:51
  Speaker 6: class and once there's a settlement that's approved by the
• 31:53
  Speaker 6: court and everyone is notified, you have the option to
• 31:58
  Speaker 6: opt out, and that preserves or cause of action, subject
• 32:03
  Speaker 6: to any other defenses like statute of limitations, et cetera.
• 32:08
  Speaker 6: But if you do sign off and accept one hundred
• 32:12
  Speaker 6: dollars and the two years of credit monitoring, then that's it.
• 32:16
  Speaker 6: You've opted for that relief and you're going to be
• 32:18
  Speaker 6: bound by the court ordered and enforced release of liability.
• 32:23
  Speaker 6: That's a part of that class action settlement. So you
• 32:27
  Speaker 6: just have to weigh in your mind, you know, what
• 32:29
  Speaker 6: is one hundred dollars today meaningful to me in relationship
• 32:34
  Speaker 6: to what there may be a possibility of happening in
• 32:36
  Speaker 6: the future. That's just a personal decision you have to make.
• 32:42
  Speaker 6: There's never a lot of money in those type cases
• 32:44
  Speaker 6: for each individual because they're not assessing individual harm. Obviously,
• 32:48
  Speaker 6: if your data had been used to create a separate identity,
• 32:53
  Speaker 6: you had had to spend you had to spend thousands
• 32:55
  Speaker 6: of dollars trying to get your credit reconstructed, or you
• 32:59
  Speaker 6: had a something that affected the title of your real estate,
• 33:02
  Speaker 6: you can have a significant claim. Now if you take
• 33:07
  Speaker 6: the one hundred dollars and that never happens, well you
• 33:10
  Speaker 6: can go out and have a nice dinner. That's about it, right,
• 33:16
  Speaker 6: So that's how much help But that's the facts.
• 33:18
  Speaker 3: No, No, that is helpful, because I mean it's just
• 33:21
  Speaker 3: kind of chat behind in that they let the data
• 33:24
  Speaker 3: go and they weren't even supposed to have it. So
• 33:26
  Speaker 3: I think I'd rather not take the upfront money and
• 33:30
  Speaker 3: then if something does happen, at least I'll have some
• 33:32
  Speaker 3: kind of recourse if it occurs.
• 33:34
  Speaker 6: In Yeah, for myself, that's what I would do. I mean,
• 33:37
  Speaker 6: I get those I've been a subject to some of
• 33:41
  Speaker 6: those bread to Dad data breach class actions settlements. I
• 33:48
  Speaker 6: never participated. I just stopt out in case something happens.
• 33:51
  Speaker 6: Now I've had some direct contact with the holder of
• 33:55
  Speaker 6: the data when they just say, look, here's what we're
• 33:57
  Speaker 6: going to do. There haven't been any evidence that this
• 34:01
  Speaker 6: data is being misused. But you know, you get a
• 34:05
  Speaker 6: free year of credit monitoring. There's an alert if there's
• 34:08
  Speaker 6: any change in status. Well that's just what they offered
• 34:11
  Speaker 6: without any obligation for a release, And so I just
• 34:14
  Speaker 6: participated in it. Then I found out it was a
• 34:16
  Speaker 6: pain in the neck because I can never remember my
• 34:18
  Speaker 6: password to sign in and check it. So that's my fault, right,
• 34:26
  Speaker 6: And you can't use.
• 34:27
  Speaker 3: The same password over and over again.
• 34:29
  Speaker 6: I'm told, well, that's what they say, and I I
• 34:33
  Speaker 6: repeatedly do that. I keep thinking, I'm just a little
• 34:36
  Speaker 6: insignificant person in Perk in West Virginia. Why would anybody
• 34:40
  Speaker 6: steal my day? I got frauded on my social security
• 34:43
  Speaker 6: you know, somebody submitted an online application for soci security
• 34:48
  Speaker 6: retirement benefits. I didn't apply. I didn't take it. When
• 34:51
  Speaker 6: I was eligible at sixty two or sixty five, I thought,
• 34:53
  Speaker 6: I will leave i'm seventy, because your benefit goes up
• 34:57
  Speaker 6: pretty significantly. But I've got a friend at the office
• 35:00
  Speaker 6: it was hearing as it appeals here in Charleston, who
• 35:02
  Speaker 6: reached out to me and said, you know, did you
• 35:03
  Speaker 6: make an application? And that's why I was sixty nine
• 35:07
  Speaker 6: at the time, And I said, well no. He said, well,
• 35:09
  Speaker 6: I didn't think so, because you know, you're like, we
• 35:11
  Speaker 6: have a lot of high income individuals or relatively who
• 35:14
  Speaker 6: just wait, you don't want to take the money because
• 35:16
  Speaker 6: you're still working. So we got an online applications. We
• 35:19
  Speaker 6: just have to freeze your online account. And then she
• 35:22
  Speaker 6: told me about back pay. She said, that's what they're
• 35:25
  Speaker 6: looking for, is the backpay, because if you don't apply
• 35:26
  Speaker 6: it sixty five, he gets six months back pay. So
• 35:29
  Speaker 6: I went over the next day to Saint Offans had applied. Bang, here,
• 35:33
  Speaker 6: we're almost out of time, right, Yeah, we're going to
• 35:35
  Speaker 6: give this. I've got to give the the headphones back
• 35:38
  Speaker 6: to headphones.
• 35:40
  Speaker 4: But yeah, I could hear the cues.
• 35:41
  Speaker 6: So what happened? Yeah, I went over on a Thursday
• 35:45
  Speaker 6: to the office and Saint Offans had applied and Saturday
• 35:48
  Speaker 6: I got an electronic transfer to my bank account of
• 35:50
  Speaker 6: six months benefits, which was way more than made up
• 35:53
  Speaker 6: for the little increase out of gotten by waiting another year.
• 35:56
  Speaker 6: So yeah, it is.
• 35:58
  Speaker 4: At that point I think after age sixty six and
• 36:02
  Speaker 4: eight months or nine months, ten months in my case,
• 36:04
  Speaker 4: but you know everybody is situation is different. So you
• 36:09
  Speaker 4: do want to go look at Social Security dot gov
• 36:12
  Speaker 4: and take a look at where you are and you know,
• 36:15
  Speaker 4: make that decision whether you should start claiming now or
• 36:18
  Speaker 4: is it better to wait a little bit longer. After
• 36:20
  Speaker 4: age seventy I don't think it goes up at all, No,
• 36:23
  Speaker 4: it does.
• 36:23
  Speaker 6: That caps out, and you know that's another we get
• 36:26
  Speaker 6: a lot of questions. Actually, I've spent some time yesterday
• 36:29
  Speaker 6: on the phone with a railroad worker. They're a little
• 36:32
  Speaker 6: different because my grandfather was on it covered by the
• 36:35
  Speaker 6: SO Security. They're covered by the Railroad Retirement Board. And
• 36:39
  Speaker 6: I know a lot about that because I did railroad
• 36:41
  Speaker 6: law for railroad workers probably for twenty five years, quite heavily,
• 36:47
  Speaker 6: and Tom does a lot of SO security. So we're
• 36:49
  Speaker 6: always know if you have a question about social Security,
• 36:51
  Speaker 6: the first thing to do is call the off call
• 36:54
  Speaker 6: social Security. They're really right. And if you have an issue,
• 36:56
  Speaker 6: then about I got a call about well what assets
• 37:00
  Speaker 6: have to do with by receiving disability and they got
• 37:03
  Speaker 6: a letter they didn't understand. Well, we read letters for
• 37:06
  Speaker 6: people all the time. We're well, we're out of time.
• 37:09
  Speaker 4: They're playing the theme music now, So.
• 37:11
  Speaker 6: Remember the Feyton Law Firm. If you think you need
• 37:13
  Speaker 6: a lawyer, do not be afraid to call us. We
• 37:16
  Speaker 6: we're here to help people. We've been in Putnam County,
• 37:19
  Speaker 6: Saint Albans, Nitro, Southeast Ohio for over fifty years. We
• 37:23
  Speaker 6: know our way around.
• 37:25
  Speaker 4: Peyton Lawfirm dot com is the place to go.
• 37:27
  Speaker 6: That indeed, it is the place to go, and this
• 37:30
  Speaker 6: is the place to come and listen every Thursday if
• 37:33
  Speaker 6: you want to ask the lawyer a question, you just
• 37:34
  Speaker 6: want to hear something about us, or you can stop
• 37:37
  Speaker 6: by our office at twenty eight oh one First Avenue
• 37:40
  Speaker 6: and if we're there, we don't make am afraideous to see.
• 37:42
  Speaker 6: If not, we'll set an appointment or give you a bus.
• 37:45
  Speaker 4: All right, very very much for Christmas, Merry Christmas.
• 37:48
  Speaker 2: To you fight E whs am ninety six point five
• 37:50
  Speaker 2: that in Charleston one O four point five Cross Lane
• 37:53
  Speaker 2: WVRC Media Station. We are proud to live here too,