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Leasing News is a web site that posts information, news, and
entertainment for the commercial alternate financing,
bank, finance and leasing industries

kitmenkin@leasingnews.org
   


Tuesday, April 18, 2017


Today's Equipment Leasing Headlines

Position Wanted – Operations
  Work Remotely or Relocate for Right Opportunity
Top Stories: April 11 - April 13
   (Opened Most by Readers)
Lyon Financial’s Lease Assignment Gets
Re-Litigated to a $570,000 Loss Without Fees
  By Tom McCurnin, Leasing News Legal Editor
Community Banks, Credit Unions, Shine - Not Online Lenders
  in Small Biz Loan Customer Satisfaction
   By Bob Coleman, Coleman Reports
Leasing News Help Wanted Ad
  How to Place an Ad
Women in Leasing Luncheon Thursday, April 27th
  Join Us in Memphis - Register Today
Top 10 Lessors and Mid-Life Aircraft Market Trends
   www.mro-network.com
ACH Volume Grows to More Than 25 Billion Payments
    and $43 Trillion in Value in 2016
Amembal & Halladay Three Leasing Seminars
   in Nairobi, Kenya / May 16 – 19, 2017
Border Collie/Labrador Retriever (Mix)
   Dallas, Texas  Adopt-a-Dog
Attorneys Who Specialize in
   Banking, Finance, and Leasing
News Briefs---
Major Shareholder Wants OnDeck to Change or Sell Company
   ---Open Letter to OnDeck Capital
Fifth Third Bank Expands Partnership to Fuel Small Business
   $10 Billion Commitment in Florida, Indiana, Illinois, Michigan, & Ohio
No one is happy with Trump's picks to lead
    the much-vilified Ex-Im Bank
It’s Just Not San Francisco, New York City, Silicon Valley
  Buyers struggle to find homes in red-hot St. Louis housing market 

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months

www.leasingcomplaints.com (Be Careful of Doing Business)
www.evergreenleasingnews.org
Leasing News Icon for Android Mobile Device 

You May have Missed---
Speaking Tips from Don Rickles By Dan Janal
  Spring Poem by Barry Marks, Esq.
  Sports Brief----
   California Nuts Brief---
   "Gimme that Wine"
     This Day in American History
      SuDoku
       Daily Puzzle
        GasBuddy
         Weather, USA or specific area
          Traffic Live----

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer.

Please send a colleague and ask them to subscribe. We are free.
Email kitmenkin@leasingnews.org and in subject line: subscribe


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Position Wanted – Operations
Work Remotely or Relocate for Right Opportunity

Each Week Leasing News is pleased, as a service to its readership, to offer completely free ads placed by candidates for jobs in the industry.  These ads also can be accessed directly on the website at:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

Each ad is limited to (100) words and ads repeat for up to 6 months unless the candidate tells us to stop. Your submissions should be received here by the end of each week.

Operations


5 time Presidents Club Franchise Player with 20+ years in Logistics, Collections, Technology Pricing/Appraisal ( NAPA) Certified, Portfolio Appraisal Inventory receivable proficient, Management Control System Developer & Specialist. Proactive communications & Equipment Dealer Specialist for Healthcare/Printing/Office Equipment & Industrial portfolios. Specialist in ALL Inventory receivable channels.
Daniel.Delpriora@gmail.com

 Dallas/Fort Worth or Will Work Remotely
Leasing Superstar! Unmatched work ethic and positive energy - strong attention to detail - have taken transactions from application through funding.  Have worked as both a broker and a funder. Problem solver - strong sales and customer service personality. I keep the deals moving and alive!  Will relocate for the right opportunity. Let's Talk!
laura.noblin@gmail.com
Resume: Laura Noblin Resume Operations

 


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Top Stories: April 11 - April 13
(Opened Most by Readers)

(1) Univest piles it on Ascentium
By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Apr2017/04_11.htm#univest

(2) Leasing Recruiter William H. Rowe Passes Away
  Age 60, Rancho Santa Margarita, California
http://leasingnews.org/archives/Apr2017/04_13.htm#rowe

(3) New Hires---Promotions in the Leasing Business
           and Related Industries
http://leasingnews.org/archives/Apr2017/04_13.htm#hires

(4) Sales Managers:
10 Things You Can Do to Help Make Your Sales Reps Successful
   By Jim Acee Sales Makes it Happen
http://leasingnews.org/archives/Apr2017/04_13.htm#managers

(5) Ascentium Capital Ranked as the Top Private
  Independent Finance Company in the United States
http://leasingnews.org/archives/Apr2017/04_11.htm#ranked

(6) 2016 California DBO Enforcement Numbers Rise
“Finder” Exemption Comments eMail by Friday, April 14
http://leasingnews.org/archives/Apr2017/04_13.htm#dbo

(7) California SB 297 to Create a "Finder"
   Moves Forward in Process
http://leasingnews.org/archives/Apr2017/04_11.htm#california

(8) Ascentium Capital Reports 25.5% Y/Y
    Increase in Funded Volume
http://leasingnews.org/archives/Apr2017/04_11.htm#reports

(9) More trouble for restaurants: Loyal customers are cutting back
    Poll of 1000 Consumers
http://www.cnbc.com/2017/04/10/more-trouble-for-restaurants-loyal-customers-are-cutting-back.html

(10)  Leasing/Finance Conferences Updated
  NAELB end of April, AGL&F beginning of May, 5 in October
http://leasingnews.org/archives/Apr2017/04_13.htm#conferences

 

 

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Lyon Financial’s Lease Assignment Gets
Re-Litigated to a $570,000 Loss Without Fees

by Tom McCurnin
Leasing News Legal Editor

Multiple Mistakes by Lyon Financial

Lyon Financial Services, Inc. v. Illinois Paper and Copier Company 2017 WL 1093149 (N.D. Ill., Mar. 23, 2017). 

This is a seven year case of mistakes, horrible mistakes, made by every party. A municipality incorrectly authorized a large lease agreement. The equipment lessor stupidly booked a lease without proper governmental authority. The lease was assigned to a funder with an assignment form without an attorney fee clause. That same funder took the assignment without underwriting the lease. To add further insult, the funder stupidly botched the statute of limitations preventing recovery from the lessee. So on a $591,000 claim plus fees, it received $21,000 and no attorney fees. The facts follow. 

The dispute centers on an alleged illegal municipal lease of copiers by a copier vendor, Illinois Paper, Bolingbrook, Illinois, which decided to enter into the governmental equipment leasing market without knowing the law. Illinois Paper booked a lease for a boatload of copiers to the Village of Bensenville, Illinois, without proper government authority. First mistake. 

Lessor Illinois Paper assigned the lease to assignee Lyon Financial, now known as US Bancorp (Corporate merger effective January 1, 2012). But Lyon did not underwrite the lease for legality, and instead relied upon the “reps and warranties” of Illinois Paper. Second mistake.

The Village got up one day a year and a half and nineteen payments later and figured out that the lease was arguably invalid. The Village disavowed the lease like a Mission Impossible Team. Third Mistake.

In 2010, Lyon Financial then sued Illinois Paper on the Assignment without an attorney fee clause. Fourth Mistake. 

Lyon Financial went forward with the litigation for seven years without apparently realizing that it, as owner of the lease, could sue the Village for the enforcement of the lease or what the deadline might be for that counter-claim. So it blew the statute of limitations. Fifth Mistake. 

Lyon and Illinois Paper over-litigated this case with three dispositive hearings in the Illinois District Court, two trips to the Seventh Circuit Court of Appeals, and to the Minnesota Supreme Court. Sixth Mistake

All this litigation concerned two issues, one fairly minor, and one very important: (One): Whether the assignment’s “reps and warranties” can include a representation to the legality of an event (in this case the illegal municipal lease); and (Two): If the lease was illegal was it nevertheless enforceable because the Village was estopped from denying its legality. 

I wrote about this case and the representations concerning illegality in 2014.  I concluded the lease should be enforceable, because the Village obviously planned the claim of illegality. (1) All that said, the Court of Appeals concluded that the assignment was valid and that Lyons had a good cause of action. The case came back to the trial court with two competing summary judgments.

Illinois Paper contended that the lease was still valid, because the Village was estopped to deny the validity of the lease after having a unanimous vote and making nineteen payments. Illinois Paper filed a summary judgment against Lyon Financial, claiming the lease was valid, and thus no recovery could be made on the assignment. 

Lyon Financial claimed the lease was illegal, and filed summary judgment against Illinois Paper and asked for the lease balance ($591,000) plus attorney fees.

Lyon Financial also claimed the lease was valid and filed a summary judgment against the Village for the lease balance and attorney fees. 

The central question for the court was estoppel. If the lease was valid, Illinois Paper would win (and Lyon could recover against the Village), if the lease was invalid, Lyon would win. At least both parties thought one would lose and one would win $591,000 and attorney fees? There evidently was not an action consider to settle the matter out of court.

The trial court held the lease was valid based on estoppel by the Village, in that in making a unanimous vote and payments for nineteen months, it induced Illinois Paper to document the lease. The kicker was this: estoppel only works if the municipal lease has an effective rate of 9%. This lease was written at 10%.

So, the trial court had a choice. It could nevertheless void and invalidate the lease as Lyon Financial argued (so it could recover 100% from Illinois Paper). The trial court could also re-write the lease to a lower interest rate as Illinois Paper argued. The court did the latter, relying on the law of usury. 

Thus, Lyon Financial’s motion for summary judgment was granted against Illinois Paper, but only in the sum of $21,248.64, the interest over the statutory cap.  It effectively lost $571,000.  But all is not lost, because Lyon Financial sued the Village and now could recover the balance. Or could they?  It got suddenly really bad for Lyon based on two blunders. Many of the readers who are lawyers will really enjoy this next part. 

First, the court noted that Lyon Financial did not file a counter-claim against the Village for four years after the litigation. The statute of limitations was four years from the breach, not four years after the case was filed. Lyon blew the statute of limitations against the Village, barring any recovery.

Second, the court noted that Lyon’s assignment did not have an attorney fee award, and thus, it was tentatively denied recovery of its fees. Did Lyon Financial not realize that its assignment did not allow the recovery of attorney fees when it embarked on this seven year piece of litigation? I’d really like to know the answer to that question. 

So the bottom line is that Lyon Financial, seeking $591,000 plus fees was awarded only $21,000 without fees. 

Lyon Financial Services, Inc. v. Illinois Paper and Copier Company

  1. This Case May Chill Assignments
    http://leasingnews.org/archives/Jul2014/7_28.htm#this

 Tom McCurnin is a partner at Barton, Klugman & Oetting
in Los Angeles, California.

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com
Previous Tom McCurnin Articles:
http://www.leasingnews.org

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

 


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Community Banks, Credit Unions, Shine – Not Online Lenders
in Small Biz Loan Customer Satisfaction

By Bob Coleman, Coleman Reports

Online lenders ranked lowest in customer satisfaction in the just- released Federal Reserve Bank Small Business Credit Survey.
Online lenders are defined as nonbank alternative and marketplace lenders, including Lending Club, OnDeck, Can Capital and PayPal Working Capital

High interest rates and unfavorable repayment terms top Main Street's dissatisfaction with online lenders.

Difficult application logistics and long waits for the credit decision top dissatisfaction reasons for banks.

Here are more interesting stats for Main Street lenders.

Demand for Financing

Loan requests for Small Businesses with Revenues more than $1 Million

Over $1 Million -- 18%
$250,000 to $1 Million -- 31%
$100,000 to $250,000 -- 25%
$25,000 to $100,000 -- 22%
Less than $25,000 -- 3%

Loan requests for Small Businesses with Revenues less than $1 Million

Over $1 Million -- 3%
$250,000 to $1 Million -- 12%
$100,000 to $250,000 -- 16%
$25,000 to $100,000 -- 42%
Less than $25,000 -- 28%

64% of applicants sought funds for expansion

Full Report (34 pages)
http://leasingnews.org/PDF/SBCSReport2016.pdf

Coleman Report, 28081 Marguerite Pkwy., #4525, Mission Viejo, CA 92690

Feedback welcomed at bob@colemanreport.com 

 

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How to Obtain a Help Wanted Ad

Cost

Logo on top is free, as well as the web address and information about the address at the bottom. Lines are $595 for the first four and $40 for each additional line or space. The ad will appear for 21 days. For returning advertisers during the year, Leasing News offers 30 days and a reduced rate.

Note: most ads point to a full job description as well as click to an email address.
kitmenkin@leasingnews.org

Leasing News puts a "help wanted" on top of the "masthead" so it is the first thing that a reader sees when they open the news edition or go to the website. The ad is changed in each news edition. It is designed to be a "display ad," not a "classified ad."

In addition to the masthead position, the "help wanted" ad also appears in the "news briefs" section, the second most-read section, and it is rotated in each news edition. It is not hidden. It is clearly visible.
The full section of "help wanted ads” also appears in each news edition, in each edition, as well as appears on the web site. It also is not “hidden.”

The idea of the ad is to draw attention, and have the reader interested in what the company offers from the advertisement rather than a "job description."

Most ads then direct the reader to their website for a full job description, if interested, or to a separate flyer. The main idea is to get the reader to make an inquiry.



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Women in Leasing Luncheon Thursday, April 27th
Join Us in Memphis - Register Today


Marci L. Slagle, CLFP
Executive Vice President
VFI Corporate Finance

The ladies of leasing are gathering for food, fun and camaraderie at the Majestic Grille in Memphis, TN. The venue was originally built in 1913 as a silent picture house and gives diners a glimpse of the bygone days of Hollywood. Attendees will be surrounded by history while enjoying the company of other female leaders in the leasing and financing industry.

Where: 

The Majestic Grille (145 S Main Street, Memphis, TN)

When: 

Thursday, April 27, 12:00 pm -  2:30 pm

Price:

$40 per person

RSVP: 

Email Marci Slagle at mslagle@vfi.net to RSVP for this event.


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Top 10 Lessors and Mid-Life Aircraft Market Trends
www.mro-network.com

After years of growth, MRO-Network.com reports the market for new aircraft seems to have peaked.

"In 2016, Boeing recorded more deliveries than orders for the first time in seven years. Last year, Airbus did add a few dozen units to its production schedule, but that trend is expected to decline in 2017.

"Still, backlogs are near record highs, implying that demand for new equipment has never been greater. This is certainly true in China, where airlines almost exclusively seek new aircraft, but the global picture is more muddled. The U.S., for instance, encompasses a wide variance in equipment procurement strategies, from Spirit Airlines, with an average fleet age of five years, to Delta Air Lines, with an average of 17. "

The report stated, "Consultancy IBA Group, puts the average age of the global fleet at 11 years—almost the mid-point of most aircraft’s economic lives. Also worth noting is that the global fleet of roughly 25,000 aircraft is split between 5,000 or so airlines, which means that most only operate a handful of aircraft. Such airlines—the majority—are too small to have the resources or credit ratings to acquire new aircraft, and so they must get by with older equipment."

MRO-Network.com reports, "The global passenger fleet includes 26,714 aircraft (Airbus counts 18,019, but does not include aircraft smaller than 100 seats), according to IBA, of which 48% are leased (see charts, page 33). Whether that share (closer to 40% in other estimates) grows much further is open to discussion, but it is obvious that the portfolios of most big lessors will expand significantly.

"Combine this fact with MRO and parts-price inflation, and it is clear that more maintenance reserves will be paid—substantially more, according to IBA, which estimates that the maintenance reserves market will more than double, to $50 billion per annum, within 10 years.

"This expansion is set to intensify one of the fiercest debates in leasing: the conflict between maintenance reserves and OEM engine maintenance agreements. Most wide body engine sales are now packaged with the latter, but complications can arise if an airline wants to sell and lease back its new aircraft-engine combination."

Full Article:
http://www.mro-network.com/maintenance-repair-overhaul/top-10-lessors-and-mid-life-aircraft-market-trends

 

 

 

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##### Press Release ############################

ACH Volume Grows to More Than 25 Billion Payments
and $43 Trillion in Value in 2016

Following four consecutive quarters of more than 5 billion electronic payments in each quarter – a first for the ACH Network – overall volume in 2016 amounted to 25.6 billion transactions, according to new statistics released today by NACHA — The Electronic Payments Association®. This represents an increase of 5.3 percent over 2015 volume, and is the third consecutive year in which volume grew by a billion transactions or more over the previous year. Additionally, $43.7 trillion was transferred over the ACH Network last year, an increase of 5.1 percent compared to 2015.


Janet O. Estep
President/CEO
NACHA

“2016 marked a significant year for the continued evolution and growth of the ACH Network,” said Janet O. Estep, president and CEO of NACHA. “With the implementation of Same Day ACH, we have added to the robust capabilities of the Network, now enabling not only next-day payment capabilities, but same-day capabilities as well. The added attribute of speed provides additional flexibility and options to a system that has the capacity to process credit and debit transactions, payments and robust information together, domestic and international transactions, business and consumer payments, and more. And it is this versatility that makes ACH payments a valued payment type, and supports the continued growth of the ACH Network.”

Same Day ACH Payments

With the launch of Same Day ACH credits in September of last year, this payment type was responsible for more than 13 million credit transactions totaling nearly $17 billion. Same-day Direct Deposits made up 52 percent of Same Day ACH volume; business-to-business (B2B) transactions made up 32 percent of Same Day ACH; person-to-person (P2P) payments constituted 13.5 percent of same-day volume; and consumer bill payments made up the remaining 2 percent of Same Day ACH volume.   

“The volume figures show strong use of Same Day ACH in its first few months of activity, and broad use,” said Estep. “Like traditional ACH transactions, Same Day ACH has many of the same robust application capabilities and the numbers show that businesses and consumers are taking full advantage of it. When Same Day ACH debits become available in September of this year, we expect to see this trend continue, and anticipate even stronger and more variety in the use of Same Day ACH.”

Credit and Debit Transactions

In 2016, the ACH Network processed almost 12 billion debit transactions, which constitute 58 percent of overall ACH Network volume. While the volume of debit transactions validates its value to end users, credit transactions are important payment types for businesses and consumers, with credit transactions also growing by more than 5 percent in 2016.

### Press Release ############################

 

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### Press Release ############################

Amembal & Halladay Three Leasing Seminars
in Nairobi, Kenya / May 16 – 19, 2017

May 16 - 17:
Operating Leases – Maximizing Benefits, Minimizing Risks
Instructor:  Sudhir Amembal
May 18:
IFRS16 – Managing the Changes to Lease Accounting
Instructor:  Shawn Halladay
May 19:
Special – Profitably Meeting Customer Needs
Instructor:  Shawn Halladay

Amembal & Halladay, formed in 1978, was the first entity to serve the global equipment leasing industry and is the world's premier service provider to its many leasing industries and companies. Amembal & Halladay has trained over 75,000 leasing professionals in 80- plus countries and has authored 16 industry bestsellers. It also has provided consultancy services to over 20 governments as well as numerous well-known, blue chip leasing companies around the globe.
www.amembalandhalladay.com

#### Press Release #############################

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Border Collie/Labrador Retriever (Mix)
Dallas, Texas  Adopt-a-Dog


Cooper
Male
Age: Unknown
Color Black

"Cooper is house broken and really likes to be wherever you are. He will get in the shower with you if you don't close the door. He is great with kids, very smart and playful. He was born with a birth defect and his front paw twist outward.

"Cooper is in our Guest Foster program now. If you will like to meet him we ask that you fill out an application online or at the shelter."

For all pet inquiries and for faster service, please contact the Adoption Director by email at adoptions@dognkittycity.org. If you need to speak with someone, you can call the shelter and leave a message at 214-350-7387. If you are interested in adopting this pet you will need to submit a filled-in adoption application (http://dognkittycity.org/docs/adoptionapp.pdf) to the Adoption Director in person, by email, or by fax at 214-484-6695.

Humane Society of Dallas County
2719 Manor Way
Dallas, Texas

Open daily 11:45am - 5pm.
Closed Tuesday and holidays

Adopt a Pet
http://www.adoptapet.com/

 

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Attorneys Who Specialize in
Banking, Finance, and Leasing

Birmingham, Alabama
The lawyers of Marks & Associates, P.C. have over 30 years experience in dealing with virtually every type of equipment financing and are recognized throughout the industry for prompt, practical solutions and exemplary service. They offer cost-conscious, effective lease enforcement and good counsel. 
Email: Barry@leaselawyer.com
Website: www.leaselawyers.com
California, National: city: Riverside 
Ellen Stern - get results, reasonable pricing; numerous industry contacts, nearly 30 yrs exp.in SoCal, 20 yrs equip.: CFL license specialist, documentation, work-outs, litigated collections, recoveries; deal-maker. 
Email: leaselaw@msn.com

Kenneth C. Greene




California
Leasing and Financial consultant, active in several leasing
associations, as well as involved in music and film production inLA.  Mention "Leasing News" for a free consultation.
818.575.9095
Skype: 424.235.1658
ken@kengreenelaw.com
Connecticut, Southern New England: 
EVANS, FELDMAN & BOYER, LLC Collections, litigation, documentation, portfolio sales and financing, bankruptcy. We represent many of the national and local leasing companies doing business in this state. Past chairman EAEL legal committee. Competitive rates. 
email: rcfeldman@snet.net  
Los Angeles/Santa Monica
Hemar & Associates, Attorneys at Law
Specialists in legal assistance, including debt collection, equipment recovery, litigation for 35 years. Fluent in Spanish. 
Tel: 310-829-1948 
email: phemar@hemar.com


David G. Mayer
Partner, Dallas, Texas
Schackelford, Bowen, McKinley & Norton 
9201 N. Central Expressway
Fourth Floor
Dallas, Texas 75231
Telephone: (214) 780-1400
Website

Los Angeles, Southern CA 
Seasoned attorney representing secured creditors in auto finance and truck/equipment lease industry.  Bankruptcy and State Court litigation.   Vincent V. Frounjian (818) 990-0605 or email: vvf@pacbell.net.

Encino, California: Statewide “ELFA” 
Hemar, Rousso & Heald, LLP 30 yr excellent reputation Lessor representation commercial litigationdebt collection, and bankruptcy.
Call Stephen E. Jenkins Esq (818) 501-3800

Los Angeles, Statewide: CA.     "ELFA" Aggressive creditors rights law firm specializing in equipment leasing handling collection matters on a contingency, fixed fee or hourly cbasis. email:RGarwacki@prodigy.net 

Los Angeles, Statewide: CA      "ELFA"
Practice limited to collections, bankruptcy and problem accounts resolution. Decades of experience. 10-lawyer firm dedicated to serving you. Call Ronald Cohn, Esq. (818)591-2121 or email. Email: rrcohn@aol.com   


Los Angeles- Statewide, CA
Lawyer specializing in banking and leasing issues statewide. Documents and litigation. 
Tom McCurnin, Barton, Klugman & Oetting. Voice: (213) 617-6129 
Cell:(213) 268-8291
Email: 
tmccurnin@bkolaw.com

California & National

Paul Bent – More than 35 years experience in all forms of equipment leasing, secured lending, and asset based transactions. Financial analysis, deal structuring, contract negotiations, documentation, private dispute resolution, expert witness services. 
(562) 426-1000
www.paulbentlaw.com
pbent@paulbentlaw.com

Illinois
 
Kevin E. Trabaris: Concentrates his practice in the areas of commercial finance, corporate and business transactions. Extensive experience representing banks, financial companies, equipment lessors, insurers and other funding and intermediary entities and borrowers in connection with thousands of business financing matters. He has handled everything from small ticket transactions to billion dollar syndicated loans, real estate financing to asset-based facilities.
Email: ktrabaris@llflegal.com
Work: 312.667.1354
Cell: 847.840.4687
http://llflegal.com/attorneys/kevin-trabaris/

 
Massachusetts (collection/litigation coast to coast) 
Modern Law Group focuses its practice on collections, lease enforcement and asset recovery. For the past five years, our attorneys have helped clients recover millions of dollars. We are able to cover your needs coast to coast.
Email
 phone 617-855-9085www.modernlawgroup.com

Michael J. Witt, experienced bank, finance, and leasing attorney, also conducts Portfolio Audits. Previously he was Managing Counsel, Wells Fargo & Co. (May, 2003 – September, 2008); Senior Vice President & General Counsel, Advanta Business Services (May, 1988 – June, 1997) Tel: (515) 223-2352 Cell: (515) 868-1067 
E-mail: MWitt@Witt-Legal.com
Web: www.witt-legal.com

National:  The OMEGA Network Group-nationwide legal representation of small and mid ticket equipment lessors-flat fee bankruptcy & replevin, contingent collection, 
billable litigation (704-969-3280)
tong_92@yahoo.com

National: Coston & Rademacher: Business attorneys serving the lease-finance industry since 1980. Transactional, documentation, corporate/finance, workouts, litigation, bankruptcy, portfolio management. Chicago-based national practice. Jim Coston, CLP (Members: ELFA, NEFA). 
email: Jcoston@costonlaw.com
Website:www.costonlaw.com

St. Louis County , MO. - statewide: 
Schultz & Associates LLP., collections, negotiation, and litigation. Also register and pursue recovery on foreign judgments. Contingency and reasonable hourly rates. 
Ronald J. Eisenberg, Esq.
(636) 537-4645 x108 
reisenberg@sl-lawyers.com
www.sl-lawyers.com
NJ, De, Pa: Specializing in leased equipment/secured transactions. Collections, replevins/workouts reasonable rates. Sergio Scuteri/Capehart & Scratchard, PAsscuteri@capehart.com / www.capehart.com
New York and New Jersey

Frank Peretore
Chiesa Shahinian & Giantomasi
West Orange, New Jersey
http://www.csglaw.com/
biographies/frank-peretore
 
Phone 973-530-2058
fperetore@csglaw.com
 Documentation, portfolio purchase & sale, replevin, workouts, litigation, collection, bankruptcy. Aggressive. Over 30 years experience.

Thousand Oaks, California: 
Statewide coverage Spiwak & Iezza, LLP 20+ years experience,Representing Lessors banks in both State/ Federal Courts/ all aspects of commercial leasing litigation.
Nick Iezza 805-777-1175
niezza@spiwakandiezza.com


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News Briefs---

Major Shareholder Wants OnDeck to Change or Sell Company
   ---Open Letter to OnDeck Capital
https://seekingalpha.com/article/4062622-marathon-partners-letter-ondeck-capital 

Fifth Third Bank Expands Partnership to Fuel Small Business
   $10 Billion Commitment in Florida, Indiana, Illinois, Michigan, & Ohio
https://www.crowdfundinsider.com/2017/04/98682-fifth-third-bank-forms-partnership-accion-u-s-network-fuel-small-business-growth-florida-indiana-illinois-michigan-ohio/ 

No one is happy with Trump's picks to lead
    the much-vilified Ex-Im Bank
http://www.cnbc.com/2017/04/17/scott-garrett-trumps-picks-to-lead-the-ex-im-bank-makes-no-one-happy.html

It’s Just Not San Francisco, New York City, Silicon Valley
Buyers struggle to find homes in red-hot St. Louis housing market 
http://www.stltoday.com/business/local/buyers-struggle-to-find-homes-in-red-hot-st-louis/article_a30a9146-e9bb-5469-a831-0aee920b7725.html

 

 


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You May Have Missed---

Which state sends most taxes to US Government?
https://www.washingtonpost.com/business/which-state-sends-most-taxes-to-dc-hint-its-not-a-state/2017/04/16/7b16235a-229f-11e7-928e-3624539060e8_story.html?utm_term=.89bef31d3a72


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Poem

Thinking of You…

 By Barry Marks, Esq.

Like most Americans I grew up in two realities,
the real one where I had to watch out
for things painful and deadly,
and that other one,
where a coyote stepping off a cliff
doesn't fall until he looks down,
and when he hits bottom, makes a hole perfectly
shaped to his body, out of which he climbs
with no injuries other than
a dozen stars and/or annoying birds
circling around his head.

More than enough has been written about all that,
but I do feel it appropriate to add that after
we spoke this morning and I clicked off my phone,
there were two of you in my mental movie,
one on each of my shoulders.

The you wearing angel wings was reminding me
of the time you patiently explained to my daughter 
that having "heartburn" did not mean 
she was about to spontaneously combust.
That one of you was gently saying that
I should be a nice ex-husband
and drive across town in the blinding rain
to buy you a dozen jars of 
Babbling Brook Organic Privet Pollen Honey,
and the you in the red one-piece
with the horns and trident
reminding me of everything else,

so I didn't.

Barry Marks Poems available at Amazon
https://www.amazon.com/Dividing-Zero-Barry-Marks/dp/0942544919/ref=sr_1_2?ie=UTF8&qid=1492194264&sr=8-2&keywords=barry+marks+poems

https://www.amazon.com/Possible-Crocodiles-Barry-Marks/dp/0983530408/ref=sr_1_5?ie=UTF8&qid=1492194264&sr=8-5&keywords=barry+marks+poems

 

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Sports Briefs----

Derek Carr ready for offseason training after broken fibula
http://www.theredzone.org/BlogDescription/tabid/61/EntryId/62942/Derek-Carr-ready-for-offseason-training-after-broken-fibula/Default.aspx

Marcus Mariota says he hopes to be running full speed in a few weeks
http://www.theredzone.org/BlogDescription/tabid/61/EntryId/62937/Marcus-Mariota-says-he-hopes-to-be-running-full-speed-in-a-few-weeks/Default.aspx

Up next for NFL Oakland Raider stadium project:
 Finalize Raiders lease, UNLV’s role as co-tenant
https://lasvegassun.com/news/2017/apr/13/next-nfl-stadium-finalize-raiders-lease-unlv-role/


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California Nuts Briefs---

Bids for Oroville Dam repairs top state estimates:
   $275.4 million the lowest
http://www.sacbee.com/news/state/california/water-and-drought/article144848399.html

Graton Casino, Sonoma County, proposes to add 200 more rooms
http://www.northbaybusinessjournal.com/industrynews/hospitality/6899218-181/graton-casino-proposes-to-add?artslide=0

Home sales and prices jump across the Bay Area, California
http://www.siliconbeat.com/2017/04/17/home-sales-prices-jump-across-bay-area-california/

Who pays the most and the least income tax in California?
http://www.sacbee.com/site-services/databases/article144470014.html

 

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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Stagecoach Vineyard Sells for $180 Million
https://www.winesandvines.com/template.cfm?section=news&content=183272

Red Mountain’s famed Klipsun Vineyard sold to Chicago firm
http://www.greatnorthwestwine.com/2017/04/15/red-mountains-famed-klipsun-vineyard-sold-chicago-firm/

Making the Case for Kosher Wine
http://forward.com/food/369164/making-the-case-for-kosher-wine/

You can thank an 83-year-old Frenchwoman for bringing
    Burgundies to America
https://www.washingtonpost.com/lifestyle/food/you-can-thank-an-82-year-old-frenchwoman-for-bringing-burgundies-to-america/2017/04/14/65cbce46-1e71-11e7-a0a7-8b2a45e3dc84_story.html?utm_term=.1f39678d08f0


Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

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This Day in American History

    1631 - English colony of Massachusetts Bay granted Puritans voting rights and John Winthrop was elected 1st governor of Massachusetts. 
    1675-- Katen Tekakwitha - Mohawk- Algonquian, baptized this day. She was the first Native American proposed for sainthood in the Roman Catholic Church. Raised by an anti-Christian uncle after her parents died when she was four. When she was 19 she followed in her mother's footsteps and was baptized Christian. It is said she faced bigotry by Mohawks who opposed Christianity and saw it destroying their way of life. She was pious and refused to marry further separating her from the Indian culture. It is said she lived a "life of great spirituality and asceticism." After her death at age 24 miracles were attributed to her and in 1884 a plenary council of the Roman Catholic Church, meeting in the U.S. petitioned Rome for her canonization. The move was seen as a step to influence Indians to accept the church that accepted them as well as to recognize miracles attributed to her. In 1943 she was "recognized as possessed of heroic virtue," but no further action has been taken for her canonization. 
    1775- Paul Revere, William Dawes and Samuel Prescott started at about 10pm, Eastern Time, to warn American patriots between Boston, Massachusetts and Concord, Massachusetts of the approaching British. Revere never completed the ride as he was captured by the British. The poem only remembers the one rider. Henry Wadsworth Longfellow’s poem about Paul Revere, published in 1861, was written to impress northerners during the Civil War of the necessity of fighting for liberty:
“One, if by land, and two, if by sea:
And I on the opposite shore will be,
Ready to ride and spread the alarm
Through every Middlesex village and farm
For the country fold to be up and to arm.”
From Richard Shenkman’s, “ I love Paul Revere whether he rode on Not:
President Harding worries about Paul Revere:
“Imagine for a moment in 1923, Al Capone is assembly an army of gun-toting henchmen in Chicago. (They will number 700 before he is through.) Cotton farmers in the South are sunk in depression. The Ku Klux Klan is on the rise. Newspaper headlines tell of corruption in the Veterans Bureau (the director has had to resign). Rumors in the capital hint of the coming Teapot Dome Scandal (Eventually two secretaries in the cabinet will go to jail, convicted of corruption.) But these are not the things that concern the president of the United Sates. What worries Warren Harding---touring the country on a campaign swing that will prove to be his last---is a recent attack on the legend of Paul Revere. An iconoclast had noted that Revere never completed the ride made famous by Longfellow. Before giving warning to Concord, Revere was discovered by the British and captured. They kept his horse, but released him, not knowing his mission, but wanting his horse as “tribute.” Dawes horse fell during the long and rough trip and could not finish. Harding, however, told the crowd he didn’t care. “I love the story of Paul Revere,” the president intoned in his most presidential-sounding voice, “whether he rode or not.” The fact is Paul Revere did ride, but it was Samuel Prescott who finished and actually made the warning known. The Minutemen were prepared for the British attack on April 19.
    1818 -- A regiment of Indians and blacks is defeated at the Battle of Suwanna, in Florida, ending the first Seminole War.
    1829--Birthday of Katherine Russell (Mother Mary Baptist), established homes in San Francisco for prostitutes, unemployed women, the aged and infirmed, and founder of St. Mary’s Hospital
in San Francisco. A House of Mercy for unemployed women opened in 1855, a Magdalene Asylum for prostitutes in 1861, and the home for the aged and infirmed in 1872. The daughter of a well-to-do family, she became a nun in her native Ireland. She headed a group of eight sisters sent to San Francisco to establish a convent and school. During a cholera epidemic her order worked with the city to care for dependent patients at a government hospital. Religious problems arose and Mother Mary purchased the building and named it St. Mary's Hospital, the first Catholic hospital on the Pacific coast. Under her direction the convent opened branches and hospitals in several California cities.
    1839---Violinist Frantz Jehin-Prume, the first musician of international reputation to choose Canada as his home, was born in Spa, Belgium. He made many successful concert tours of Europe and in 1863 was appointed "violinist of the king's own music" by Leopold the First of Belgium. Jehin-Prume later visited Mexico, then toured the US and Canada. He settled in Montreal in 1871, becoming a Canadian citizen. Jehin-Prume and his wife, the singer Rosita del Vecchio, played an important role in the development of Montreal's musical life. In 1891, he formed Quebec's first professional chamber music society. Jehin-Prume continued to give concerts and also was a prodigious composer. But in 1896, failing health forced him to reduce his activities. Frantz Jehin-Prune, now considered one of the most accomplished musicians in Canadian history, died in 1899. 
    1847 -- U.S. forces defeat Mexicans at Cerro Gordo in one of the bloodiest battle of the war, one of the turning points of the war. After
purchasing all the land from France, the Southwest was seized in
war with Mexico.
http://www.multied.com/mexican/cerramore.html
    1856-Senator J.B. Weller of California urged passage of a bill to authorize and facilitate the construction of a railroad and magnetic telegraph to the West.
    1857-birthday of Clarence Darrow, American attorney often associated with unpopular causes, from the Pullman strike in 1894 to the Scottsboro case in 1932, born at Kinsman, OH. At the Scopes trial, July 13, 1925, Darrow said: "I do not consider it an insult, but rather a compliment, to be called an agnostic. I do not pretend to know where many ignorant men are sure--that is all that agnosticism means."
    1864 -At Poison Springs, Arkansas, Confederate soldiers under the command of General Samuel Maxey capture a Union forage train and slaughter black troops escorting the expedition. The Battle of Poison Springs was part of broad Union offensive in the region of Texas, Louisiana, and Arkansas. General Nathaniel Banks had led a Yankee force through Louisiana in March and April, but a defeat in northwestern Louisiana at the Battle of Mansfield on April 8 sent Banks in retreat. Union forces nearby in Arkansas were moving towards Banks' projected thrust into Texas with the intention of securing southwestern Arkansas for the Federals. Union General Frederick Steele occupied Camden, Arkansas, on April 15. Two days later, he sent Colonel John Williams and 1,100 of his 14,000-man force to gather 5,000 bushels of corn discovered west of Camden. The force arrived to find that Confederate marauders had destroyed half of the store, but the Yankees loaded the rest into some 200 wagons and prepared to return to Camden. On the way back Maxey and 3,600 Confederates intercepted them. Maxey placed General John Marmaduke in charge of the attack that ensued. Williams positioned part of his force, the 1st Kansas Colored Infantry, between the wagon train the Confederate lines. The regiment was the first black unit in the army, comprised primarily of ex-slaves. The determined soldiers of the 1st Kansas stopped the first two Rebel attacks, but they were running low on ammunition. A third assault overwhelmed the Kansans, and the rout was on. Williams gathered the remnants of his force and retreated from the abandoned wagons. More than 300 Yankee troops were killed, wounded, or captured, while the Confederates lost just 13 killed and 81 wounded. Most shocking was the Rebel treatment of the black troops. No black troops were captured, and those left wounded on the battlefield were brutally killed, scalped, and stripped. The Washington Telegraph, the major Confederate newspaper in Arkansas, justified the atrocity by declaring "We cannot treat Negroes taken in arms as prisoners of war without a destruction of social system for which we contend."
    1865 -Union General William Tecumseh Sherman and Confederate Joseph Johnston signed a broad political peace agreement at Durham Station, North Carolina. The agreement promised a general amnesty for all Southerners and pledged federal recognition of all Southern state governments after their officials took oath of allegiance to the US. The new administration reneged on this, Sherman was roundly criticized publicly in drawing up the agreement that former President Lincoln and General Grant had instructed him to negotiate. The agreement was rejected by President Andrew Johnson, and Sherman and Johnston were forced to reach a new agreement with terms virtually the same as those given Robert E. Lee.
    1880- Birthday of Samuel Earl “Wahoo Sam” Crawford, Wahoo, Nebraska.. Wahoo Sam played pro ball for 20 years with the Detroit Tigers, racking up a career batting average of .309. His record of 312 career triples still stands. He was inducted into the Baseball Hall of Fame in 1957.
    1880 -a major tornado outbreak occurred from Arkansas to Michigan with 22 tornadoes rated F2 or greater. Three F4 tornadoes in Missouri did most of the killing with 68 people killed at Marshfield, Missouri. Another F4 tornado in Missouri was on the ground for 93 miles. 165 peopled were killed in this outbreak and over 500 were injured.
    1906-- Over 3, 000 lives were lost in the San Francisco earthquake, primarily due to the fire that practically destroyed San Francisco after a series of major earthquakes; some 10,000 acres were affected, as far as Mendocino, where farms near the coast actually fell into the ocean. While much damage was caused by the earthquake, it was the seventh Great Fire that burned for four days that contributed to the deaths. Hundreds, perhaps thousands of trapped persons died when South-of-Market tenements collapsed as the ground liquefied beneath them. The earthquake shock was felt from Coos Bay, Oregon, to Los Angeles, and as far east as central Nevada, an area of about 375,000 square miles, approximately half of which was in the Pacific Ocean. There were 135 aftershocks on April 18, and 22 on April 19.
http://memory.loc.gov/ammem/today/apr18.html
http://www.nytimes.com/learning/general/onthisday/big/0418.html 
    1913-Birthday of American composer Kent Kennan, born Milwaukee, Wisconsin. Died: 1 November 2003 , Austin, TX
    1921-Birthday of Barbara Hale, U.S. actor best known for her TV portrayal of Perry Mason's dutiful secretary Della Street.
    1922--Birthday of calypso music pioneer Lord Kitchener, whose real name is Aldwyn Roberts. Died 2000.
http://www.calypsoworld.org/noflash/artists-20.htm 
http://www.nalis.gov.tt/Biography/History_LORDKITCHENER_PeopleOfTheCentury.htm
    1923- More than 74000 fans attended Opening Day festivities as the New York Yankees inaugurated their new stadium. Babe Ruth christened it with a game-winning three-run homer into the right-field bleachers. In his coverage of the game for the New York Evening Telegram sportswriter Fred Lieb described Yankee Stadium as “The House That Ruth Built,’ and the name stuck.
    1924 - Simon and Schuster, Inc. published the first "Crossword Puzzle Book". 
    1925--the Woman's World Fair, in Chicago opened. The exhibits showed women's progress in major industries and professions and historians considered it as a landmark in the recognition of women's contribution to civilization.
    1927-- Canadian composer and pianist Marian Grudeff was born in Toronto. She and another Canadian, Ray Jessel, were engaged by producer Alexander H. Cohen to write songs for the musical "Baker Street," which premiered in Boston in December 1964. After revisions, the show opened in New York the following February. "Baker Street," based on the story of Sherlock Holmes, was called one of the best musicals of the 1960's.
    1929 - Red Nichols and his Five Pennies recorded the Glenn Miller arrangement of "Indiana" for Brunswick Records in New York City. Players included Benny Goodman, Gene Krupa and Jack Teagarden . The movie “The Five Pennies” http://www.duke.edu/~cfc/
http://www.redhotjazz.com/redn.html
    1932—birthday of gospel vocalist Rev. Cleophus Robinson, Canton, MS
http://www.interstatecd.com/bio/biopage.P+++119321.html
    1934—birthday of vocalist Neal Kimble, New Orleans, LA
    1934-J. F. Cantrell opened the first Laundromat. He called it the”washateria” in Fort Worth, Texas. Four electric washing machines were rented by the hour to those who wished to do their laundry. Hot water and electricity were supplied, but users were obliged to furnish their own soap.
    1936-The singing cowboy, Gene Autry, records "Back in the Saddle Again."
    1938--singer Charlie Pride birthday 
http://www.charleypride.com/
    1941-Sideny Bechet, playing six instruments, records “Blues of Bechet,” Victor 27485)
http://www.lahamjat.com/video/moonoverharlem.html
    1941—birthday of singer Wilson Pickett, Prattville, AL
http://www.rockhall.com/hof/inductee.asp?id=167
    1941-Mike Vickers, saxophone player and guitarist with the British group Manfred Mann, was born in Southampton, England. Leader Manfred Mann, whose real name is Manfred Lubowitz, immigrated to England from South Africa in the early 1960's. His group became part of the "British Invasion" of the North American record charts with such hits as "Do Wah Diddy Diddy," "Pretty Flamingo" and "Mighty Quinn." After the demise of his group, Manfred Mann formed another band called Chapter Three in 1969. In the following decade, this evolved into Manfred Mann's Earth Band, a heavy metal group.
    1942 - Birthday of Pete Gogolak (football: 1st soccer-style kicker in pro football: Buffalo Bills, NY Giants), Budapest, Hungry
    1942-The Toronto Maple Leafs completed the greatest comeback in Stanley Cup playoff history by defeating the Detroit Red Wings, 3-1, in Game 7 of the finals. The Leafs were down three games to none before they evened the series with 4-3, 9-3, and 3-0 victories.
    1942-16 B-25 airplanes of the 17th Bombardment Group,8th Air force, led by Colonel James Harold Doolittle, took off from he U.S. Hornet. Traveling low over the water, they dropped bombs on the cities of Tokyo, Kobe, and Nagoya, and then continued straight on until they ran out of fuel and crash-landed in the Chinese countryside. The raid took the Japanese military establishment by surprise and demonstrated for the first time the vulnerability of the Japanese home islands.
    1943 -- Traveling in a bomber, Japanese Admiral Isoroku Yamamoto, the mastermind of the attack on Pearl Harbor, is shot down by American P-38 fighters.
    1944 - California experienced its worst hailstorm of record. Damage mounted to 2 million dollars as 2 consecutive storms devastated the Sacramento Valley destroying the fruit crop.
    1944 - No. 1 Billboard Pop Hit: ``It's Love-Love-Love,'' Guy Lombardo & His Royal Canadians. It is one of Lombardo's 26 No. 1 pop songs. Lombardo's is the only dance band to ever sell more than 100 million records.
    1945 - Ernie Pyle was killed by enemy fire on the island of Ie Shima. After his death, President Harry S. Truman spoke of how Pyle "told the story of the American fighting man as the American fighting men wanted it told." He was buried in his hometown of Dana, Indiana, next to local soldiers who had fallen in battle. During World War II, journalist Ernie Pyle, America's most popular war correspondent, is killed by Japanese machine-gun fire on the island of Ie Shima in the Pacific. Pyle, born in Dana, Indiana, first began writing a column for the Scripps-Howard newspaper chain in 1935. Eventually syndicated to some 200 U.S. newspapers, Pyle's column, which related the lives and hopes of typical citizens, captured America's affection. In 1942, after the United States entered World War II, Pyle went overseas as a war correspondent. He covered the North Africa campaign, the invasions of Sicily and Italy, and on June 7, 1944, went ashore at Normandy the day after Allied forces landed. Pyle, who always wrote about the experiences of enlisted men rather than the battles they participated in, described the D-Day scene: "It was a lovely day for strolling along the seashore. Men were sleeping on the sand, some of them sleeping forever. Men were floating in the water, but they didn't know they were in the water, for they were dead." The same year, he was awarded the Pulitzer Prize for distinguished correspondence and in 1945 traveled to the Pacific to cover the war against Japan.
    1945 - The last German forces resisting in the Ruhr Pocket surrender. Field Marshal Model, commanding German Army Group B inside the pocket, commits suicide. About 325,000 German prisoners have been taken in this area by the Allied forces. Meanwhile, the US 9th Army captures Magdeburg and troops of US 3rd Army cross the Czechoslovakian border after a rapid advance. 
    1945--DALY, MICHAEL J. Medal of Honor
Rank and organization: Captain (then Lieutenant), U.S. Army, Company A, 15th Infantry, 3d Infantry Division. Place and date: Nuremberg, Germany, 18 April 1945. Entered service at: Southport, Conn. Born: 15 September 1924, New York, N.Y. G.O. No.: 77, 10 September 1945. Citation: Early in the morning of 18 April 1945, he led his company through the shell-battered, sniper-infested wreckage of Nuremberg, Germany. When bl1stering machinegun fire caught his unit in an exposed position, he ordered his men to take cover, dashed forward alone, and, as bullets whined about him, shot the 3-man gun crew with his carbine. Continuing the advance at the head of his company, he located an enemy patrol armed with rocket launchers which threatened friendly armor. He again went forward alone, secured a vantage point and opened fire on the Germans. Immediately he became the target for concentrated machine pistol and rocket fire, which blasted the rubble about him. Calmly, he continued to shoot at the patrol until he had killed all 6 enemy infantrymen. Continuing boldly far in front of his company, he entered a park, where as his men advanced, a German machinegun opened up on them without warning. With his carbine, he killed the gunner; and then, from a completely exposed position, he directed machinegun fire on the remainder of the crew until all were dead. In a final duel, he wiped out a third machinegun emplacement with rifle fire at a range of 10 yards. By fearlessly engaging in 4 single-handed fire fights with a desperate, powerfully armed enemy, Lt. Daly, voluntarily taking all major risks himself and protecting his men at every opportunity, killed 15 Germans, silenced 3 enemy machineguns and wiped out an entire enemy patrol. His heroism during the lone bitter struggle with fanatical enemy forces was an inspiration to the valiant Americans who took Nuremberg.
    1946--MERRELL, JOSEPH F. Medal of Honor
Rank and organization: Private, U.S. Army, Company I, 15th Infantry, 3d Infantry Division. Place and date: Near Lohe, Germany, 18 April 1945. Entered service at: Staten Island, N.Y. Birth: Staten Island, N.Y. G.O. No.: 21, 26 February 1946. Citation: He made a gallant, 1-man attack against vastly superior enemy forces near Lohe, Germany. His unit, attempting a quick conquest of hostile hill positions that would open the route to Nuremberg before the enemy could organize his defense of that city, was pinned down by brutal fire from rifles, machine pistols, and 2 heavy machineguns. Entirely on his own initiative, Pvt. Merrell began a single-handed assault. He ran 100 yards through concentrated fire, barely escaping death at each stride, and at pointblank range engaged 4 German machine pistol men with his rifle, killing all of them while their bullets ripped his uniform. As he started forward again, his rifle was smashed by a sniper's bullet, leaving him armed only with 3 grenades. But he did not hesitate. He zigzagged 200 yards through a hail of bullets to within 10 yards of the first machinegun, where he hurled 2 grenades and then rushed the position ready to fight with his bare hands if necessary. In the emplacement he seized a Luger pistol and killed what Germans had survived the grenade blast. Rearmed, he crawled toward the second machinegun located 30 yards away, killing 4 Germans in camouflaged foxholes on the way, but himself receiving a critical wound in the abdomen. And yet he went on, staggering, bleeding, disregarding bullets which tore through the folds of his clothing and glanced off his helmet. He threw his last grenade into the machinegun nest and stumbled on to wipe out the crew. He had completed this self-appointed task when a machine pistol burst killed him instantly. In his spectacular 1-man attack Pvt. Merrell killed 6 Germans in the first machinegun emplacement, 7 in the next, and an additional 10 infantrymen who were astride his path to the weapons which would have decimated his unit had he not assumed the burden of the assault and stormed the enemy positions with utter fearlessness, intrepidity of the highest order, and a willingness to sacrifice his own life so that his comrades could go on to victory. 
    1946 - Lead vocalist Skip Spence of Moby Grape is born in Windsor, Ontario.
    1950 -- The first transatlantic jet passenger trip is completed.
    1954-Birthday of American composer Robert Greenberg, born Brooklyn,New York.
    1956---Top Hits
Heartbreak Hotel/I Was the One - Elvis Presley
The Poor People of Paris - Les Baxter
Long Tall Sally - Little Richard
Blue Suede Shoes - Carl Perkins
    1957-Army reserve Lieutenant Buddy Knox whose "Party Doll" was a recent Number One, is called up for six months of active duty. Roulette Records' A&R team, Hugo Peretti and Luigi Creatore rush Knox to the studio to cut over 20 songs to ensure his career does not stall while he's in uniform. It does anyway.
    1959--Birthday of Susan Faludi - U.S. author and journalist. known especially for her exploration of the depiction of women by the news media. She won the 1991 Pulitzer Prize for explanatory journalism. Her best known book is Backlash, the Undeclared War against Women. She worked for the New York Times, San Jose Mercury, Miami Herald among other newspapers and was managing editor of the Harvard Crimson when she attended that university.
    1960-Dr. William M. Chardack inserted a wire implant into the heart of Frank Henefelt, a cardiac patient, to test the invention by Dr. Chardack and engineer Wilson Greatbatch, both of Buffalo, NY, patented this day. The battery-powered pulse generator unit tested successfully and was implanted into Henefelt’s abdomen. He lived for 2.5 years with the device. Swedish doctors first implanted a similar device in 1958.
    1964---Top Hits
Can’t Buy Me Love - The Beatles
Twist and Shout - The Beatles
Suspicion - Terry Stafford
Understand Your Man - Johnny Cash
    1965 - No. 1 Billboard Pop Hit: ``Game of Love,'' Wayne Fontana & the Mindbenders.
    1966 - 38th Annual Academy Awards celebration at the Santa Monica Civic Auditorium in Los Angeles. Bob Hope was the host, for the sixth time. He received a gold medal, the Honorary Award for unique and distinguished service to the film industry and the Academy. Other award recipients included Shelley Winters for her Best Supporting Actress role in "A Patch of Blue"; Martin Balsam, Best Supporting Actor for his performance in "A Thousand Clowns". The Best Actor Oscar went to my former Latimer Road neighbor in the Pacific Palisades, Lee Marvin ("Cat Ballou"); and Julie Christie picked up the Best Actress Oscar ("Darling"). The Oscar for the Best Music/Song from a 1965 movie was "The Shadow of Your Smile" from "The Sandpiper" (Johnny Mandel-music, Paul Francis Webster-lyrics). It’s a good thing that the "Oscars" were being broadcast in color this night (the first time) because the Best Director and Best Picture winner was "The Sound of Music" (Robert Wise, producer and director). 
http://www.infoplease.com/ipa/A0149013.html
    1971-- The Diana Ross television musical special Diana, featuring guest stars Jackson 5, Bill Cosby, and Danny Thomas, airs on ABC.
    1972---Top Hits
The First Time Ever I Saw Your Face - Roberta Flack
I Gotcha - Joe Tex
Rockin’ Robin - Michael Jackson
My Hang-Up is You - Freddie Hart
    1974 - James Brown, the ‘Godfather of Soul’, received a gold record this day for the single, "The Payback". Of the 44 hits that Brown would put on the charts over three decades, he received only one other gold record -- for "Get on the Good Foot - Part 1" in 1972. His biggest pop hits include: "I Got You (I Feel Good)" at number three in 1965, "Papa’s Got a Brand New Bag" at number eight in 1965, "It’s a Man’s Man’s Man’s World" at number eight in 1966, "I Got The Feelin’" at number six in 1968 and "Living in America" at number four in 1986. This song was featured in the Sylvester Stallone film, "Rocky IV". He has been in and out of jail for “Spousal Abuse” and other ailments, but started the singing-dance craze imitated by all those followed him in Rhythm n Blues, including Michael Jackson.
http://www.funky-stuff.com/jamesbrown/ 
http://www.godfatherofsoul.com/
    1975-James Benton Parsons was appointed chief justice of the Illinois Supreme Court by President John F. Kennedy. He is the first African-American chief justice of a state supreme court. Died June 9, 1993 
http://www.jtbf.org/five_firsts/james_b_parsons.htm
    1975-Alice Cooper's first TV special, "Welcome to My Nightmare: The Making of a Record Album" airs.
    1977 - No. 1 Billboard Pop Hit: ``Don't Leave Me This Way,'' Thelma Houston.
    1978 -- The U.S. Senate approves the transfer of the Panama Canal to Panama. 
    1980---Top Hits
Another Brick in the Wall - Pink Floyd
Call Me - Blondie
Ride like the Wind - Christopher Cross
Honky Tonk Blues - Charley Pride
    1981-British progressive rock band Yes announces its break-up. During its 13-year career, the group became one of the world's most popular exponents of intricate, mystical, symphonic rock, despite the fact that they only had one big chart hit, "Roundabout." It went to #13 in 1972. Of course, they reunite on numerous occasions over the years.
    1983-- A suicide bomber kills U.S. Marines at the U.S. Embassy in Lebanon.
    1983 - No. 1 Billboard Pop Hit: ``Come on Eileen,'' Dexys Midnight Runners.
    1985 - Tulane University abolished its 72-year-old basketball program, and shocked the college sports world with the announcement. The school said that charges of fixed games, drug use and payments to players contributed to the shutdown of the basketball program. 
    1985-Wham's "Make It Big" LP is released in China, making it the first Western album to be released there.
    1985-- Liberace breaks his own record at Radio City Music Hall, pulling in two million dollars for his latest engagement.
    1987-When her newest release reached the top of the Billboard chart, Aretha Franklin set a record for the artist with the longest gap between US #1 singles. It had been 19 years, 10 months from "Respect" (June 1967) to "I Knew You Were Waiting for Me" (With George Michael). 
    1987-The Philadelphia Phillies’ Mike Schmidt hit the 500th home run of his career with two outs in the sixth inning of a game against the Pittsburgh Pirates. the Phillies rallied to win, 8-6. Schmidt finished his career with 548 homers, seventh on the all-time list at the time.
    1988-Miles Davis played at the San Francisco War Memorial Opera House view the Original Poster for this event at Wolfgang's Vault.
http://www.wolfgangsvault.com/
    1988---Top Hits
Get Outta My Dreams, Get Into My Car - Billy Ocean
Devil Inside - INXS
Where Do Broken Hearts Go - Whitney Houston
I Wanna Dance with You - Eddie Rabbitt
    1990 - Heavy snow blanketed the west central valleys and southwest mountains of Colorado with up to 18 inches of snow. Nine cities from the Mid Mississippi Valley to the Middle Atlantic Coast Region reported record low temperatures for the date, including Fort Wayne IND with a reading of 23 degrees.
    1992 - Albums by Def Leppard, Bruce Springsteen and Wynonna debut in the top four spots on Billboard's pop album chart. The albums are Def Leppard's ``Adrenalize,'' Springsteen's ``Human Touch'' and ``Lucky Town'' and Wynonna's ``Wynonna.'' (Wynonna Judd launches her solo career with the album and drops her last name to distance herself from her success as half of the mother-daughter duo The Judds.)
    1998 - Country group Diamond Rio are inducted into the Grand Ole Opry. The band opens their performance with their first number one hit "Meet in the Middle.
    2001--The San Francisco Board of Supervisors committee approved a plan to give sex change benefits to city employees.
    2003-- In four barricaded cottages in conquered Baghdad, Iraq, US troops find $656 million in US currency, in $100 bills stacked inside galvanized aluminum boxes sealed with blue strapping tape and green seals stamped "Bank of Jordan." On 22 April 2003, in the same Baghdad neighborhood, US troops would find another $112 million, similarly packed, hidden in seven dog kennels.
    2004 - Blink-182 drummer Travis Barker opens a franchise of the popular restaurant chain Wahoo's Fish Taco in Norco, Calif.

 

NBA Finals Champions This Date

    1962 Boston Celtics

Stanley Cup Champions This Date

    1942 Toronto Maple Leafs
    1959 Montreal Canadiens
    1963 Toronto Maple Leafs

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SuDoku

The object is to insert the numbers in the boxes to satisfy only one condition: each row, column and 3x3 box must contain the digits 1 through 9 exactly once. What could be simpler?

http://leasingnews.org/Soduku/soduko-main.htm

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Daily Puzzle

How to play:
http://www.setgame.com/set/puzzle_frame.htm

Refresh for current date:
http://www.setgame.com/set/puzzle_frame.htm

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http://www.gasbuddy.com/
http://www.gasbuddy.com/GB_Map_Gas_Prices.aspx
http://www.gasbuddy.com/GB_Mobile_Instructions.aspx

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Weather

See USA map, click to specific area, no commercials

http://www.weather.gov/

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Traffic Live---

Real Time Traffic Information

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