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" BLUEFIELD &ndash; Legal notices in the Welch News shouldn't count, Lacy Wright Jr. of Welch argues in U.S. District Court.<br /><br /> Wright ripped the paper on March 26 in opposing a motion from the Federal Deposit Insurance Corporation to dismiss a suit he filed for a former Ameribank employee.<br /><br /> \"Neither plaintiffs nor most anyone else actually reads the Welch News, whose circulation is believed to be unaudited and unverified,\" Wright wrote.<br /><br /> He wrote that former editor Rollo Taylor stated in 2006 that he was ashamed of it.<br /><br /> For FDIC, Benjamin Bailey of Charleston claims the quality of the notice doesn't matter because Wright found out about the takeover by other means.<br /><br /> According to Bailey, Wright practiced law as a tenant in the bank building.<br /><br /> Wright filed suit for Bonnie Robertson and Jerry Robertson in McDowell County in 2007, claiming Ameribank discriminated against Bonnie by age and gender.<br /><br /> Wright alleged constructive discharge, meaning Bonnie's employers drove her to quit.<br /><br /> FDIC took charge of Ameribank Inc. in September 2008 and published notices setting a Dec. 26 deadline for creditors and depositors to submit claims.<br /><br /> The notices ran again in October and November 2008.<br /><br /> On Dec. 17, FDIC removed the Robertson case to federal court.<br /><br /> Last May, FDIC told Wright the bar date had passed but he could submit a claim if he could prove he didn't know the FDIC took over the bank.<br /><br /> Wright returned a proof of claim form in August, claiming insufficient notice.<br /><br /> Bailey rejected it, and moved on March 12 to dismiss.<br /><br /> \"Plaintiffs' counsel does not allege in this document that neither he nor his clients knew of the appointment of the receiver in time to file a claim presumably because they cannot honestly do so,\" he wrote.<br /><br /> Wright received notice of removal to federal court before the bar date, he wrote.<br /><br /> In fact, Bailey claims, Wright knew about the takeover almost immediately because the FDIC sent him a letter identifying itself as his new landlord.<br /><br /> Wright answered that the Robertsons moved to Tennessee in 2008.<br /><br /> He wrote that they received no written notice of administrative requirements until last May and they didn't see the notices in the Welch News.<br /><br /> \"Not only is the Welch News not a daily newspaper, it is a newspaper with 'plenty of space, but little is used for hard news'\" he wrote.<br /><br /> \"According, hardly anyone ever reads this paper,\" he wrote.<br /><br /> He wrote that Taylor \"divorced the newspaper in November 2006 and said he wanted his name erased from the history of the paper because he was ashamed of it.\"<br /><br /> Wright wrote that the paper declined to run advertising he tried to place.<br /><br /> District Judge David Faber presides over the case."^^<http://www.w3.org/2001/XMLSchema#string>
<http://wvrecord.com/stories/510598102-welch-news-notices-shouldn-t-count-attorney-argues>