Monday, December 22, 2014 
      
     
 
      Today's  Equipment Leasing Headlines 
        Peace on Earth 
             Goodwill to Mankind - Message 
           Classified Ads---Credit 
        Top  Stories:  December 15--December 19 
           Opened Most by Readers of Leasing News 
        Leasing  102 by Mr. Terry Winders, CLP 
           Broker/Sales Personnel Fees 
        “I’m  Leaving Right after I Get My Bonus” 
            Career Crossroad---By Emily Fitzpatrick/RII 
                Leasing Industry Ads---Help Wanted 
        Top  Leasing Executives on ELFA November Drop 
         in New Business -   Down 18%% from October to November 
        Mankato  Zombie Bank Closes 
           Non-Current Loans, Mostly Mortgages 
        CIT  Bank/OneWest Bank Merger More Protests 
           by Christopher Menkin 
        Notice  of Default Resolved in Favor of Lender 
           By Tom McCurnin, Leasing News Legal Editor 
        Salvation  Army Kettle 
            $6,285 Raised to Date—Thank You, Donors 
        Northland  Capital to be Seen on Manufacturing Marvels 
           Fox Business Network, Tonight, Monday 
        Chocolate  Labrador Retriever 
          Mankato, Minnesota Adopt-a-Dog 
      News Briefs---   
      Obama Signs  2014 Tax Extenders Bill into Law 
         Fortress  looks to sell TRAC Intermodal Leasing Company 
          Mistakes,  equipment issues pose serious threats with  
     lease rail-related hazmat 
            Avon to pay  $135 Million for Bribe Chinese Gov't Officials 
             Cleaning Up  Bad Bank Loans in China? Do an IPO 
              Tom Brokaw  Says His Cancer Is in Remission 
             49ers' season  of distractions 
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 
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  [headlines] 
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  [headlines] 
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    Classified Ads---Credit 
      
    (These ads are “free” to those  seeking employment  
      or looking to improve their position) 
    
      
        
          Credit, syndication, workout experience 
            Exceptional work ethic, common sense coupled with practical experience in equipment finance, consumer, commercial. Can interact with all levels of borrowers and intermediaries. Not an originator – but can help sales team close – great up sell ability. Will relocate for the right opportunity AND can work remotely.aaacorrespondent@gmail.com 
            | 
         
        
          Orlando, Florida 
            As a Commercial Credit Analyst/Underwriter, I have evaluated transactions from sole proprietorships to listed companies, across a broad spectrum of industries, embracing a multitude of asset types. Sound understanding of balance sheet, income statement and cash flow dynamics which impact credit decisions. Strong appreciation for credit/asset risk.  
              rpsteiner21@aol.com  
            407 430-3917 | 
         
      
     
     
     
  
      Free Posting for those seeking employment in Leasing: 
      http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm 
    All “free” categories  “job wanted” ads: 
      http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm 
      
    
     
     [headlines] 
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    Top Stories:  December 15--December 19 
Opened Most by Readers of Leasing News 
      
    (1) Started American Leasing 43 Years Ago 
          Earliest Photo 1977 
      http://leasingnews.org/archives/Dec2014/12_19.htm#started 
    (2) What and Why of Section 179 to the Leasing  Industry 
           by Christopher Menkin 
      easingnews.org/archives/Dec2014/12_19.htm#what 
    (3) 37 Months for $433,000 Leasing/Loan Fraud  Scheme 
      http://leasingnews.org/archives/Dec2014/12_15.htm#scheme 
    (4) Fortress Buys MicroFinancial for $147  Million 
          Competition Raised in Small Ticket Marketplace 
         By Christopher  Menkin 
      http://leasingnews.org/archives/Dec2014/12_17.htm#fortress 
    (5) Archives---December 17, 2007 
                Curt Lysne now at PFSC 
      http://leasingnews.org/archives/Dec2014/12_17.htm#archives 
    (6) Section 179 Passes in Senate 
      (Later  up-dated as Extra to mailing list, posted web site)--see below) 
    (7) New Hires---Promotions in the Leasing  Industry 
      http://leasingnews.org/archives/Dec2014/12_19.htm#hires     
    (8) $100 million Sale/Leaseback ATM Ponzi  scheme 
      http://www.dailynews.com/general-news/20141216/woodland-hills-men-charged-with-running-100-million-ponzi-scheme   
    (9) Sales Make it Happen By Steve Chriest 
               The Sales Talent Crisis is Here 
      http://leasingnews.org/archives/Dec2014/12_17.htm#crisis     
    (10) Picture from the Past 
              ---1988—Bill Grohe 
      http://leasingnews.org/archives/Dec2014/12_15.htm#picture 
    Extra--Not  Counted for Technical Reason 12/17 
      Section 179 Passes in Senate 
      http://leasingnews.org/archives/Dec2014/12_17.htm#stalls 
      
      
    
     
 
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Broker/Sales Personnel Fees 
On many occasions, I have been asked what is the appropriate fee a leasing broker should receive as a third party originator.  Some say, “Whatever the market will bear.” Others think the funding source should establish a “buy rate” and they should get everything else with a maximum ceiling. However, to determine a proper fee for both parties, we must view the partnership between the broker and the funding source. 
Let’s get into documentation and other fee arrangements, as well as the residual, at the end of this article. 
If a funding source has their own sales force, they usually try to restrict the commission structure to a percentage of the net present value of the difference between the cost of money and the transaction rate. We usually call this their net margin. In this comparison, the sales force has a base salary, benefits, and expense reimbursement. Plus each and every credit must be reviewed, so the actual number of booked transaction versus reviewed credits is higher and increases the cost of the back office. There may be a “charge back” for a default, although that seems to have gone out of style today. 
It should be pointed out it is also common for the sales manager as well as the “customer representative” to also receive a percentage, in addition or against salary, based on volume. 
An experienced broker is often considered less of a cost, especially with a high book-to- approval ration. The better success rate on submitted transactions occurs because the broker often has run the credit, collected the financial documents and understands them, plus has learned about the equipment and the vendor. Most important, the third party originator knows what the funding source is looking for. They steer their package to the funding source most likely to approve, while the direct sales person must fit the parameters of his company’s portfolio quality requirements.  With no expense reimbursement or benefit package, the marketing cost to the funding source is much lower. 
As a rule of thumb, depending on the size of the transaction, micro transactions usually generate 10% to 15% of equipment cost in commissions for a broker: under $50,000: 5% to 10%;  above $100,000: 3% to 5%.  There are exceptions, and many funders put ceilings on fees, as experienced brokers can control the deal to earn the maximum allowed. 
In cases where the lessor discounts the transaction to a funding source, this is generally stated as a percentage of the amount discounted (including first and last or other payments, if received, such as 10% as the residual). It can range from 25% to 50%, and I have seen up to 60%. 
Documentation fees are also often shared with the sales person, with a base fee set, and anything over the base goes to the salesperson. 
This also applies to other fees, including loan or lease fees, on top, for master leases, or termination fees, as shared as residuals. 
It has become popular to share residuals with sales personnel, based on volume, and predicated that the sales person remains with the company to earn this fee.  It can be anywhere from 30% to 50% and 60% is not uncommon for top sales personnel, often set on a volume basis.  It is a great incentive for a salesperson to not leave the company employee. 
Brokers can set up the lease with a $1.00 out to the funder, with the residual to go to the broker.  Often, they are “fair market value,” meaning the transaction is not an “operating lease,” but a finance lease with a balloon payment (although on lease documents; often referred to as a “Capital Lease.” 
There is a lot of incentive to learn the leasing business, especially to be a direct “discounter” of leases. 
Business loans have become very popular, especially in the small ticket marketplace. Here commissions range from 5% to 15%. Some companies will pay as high as 20% to brokers, without much work in collecting financials and tax returns, too. Other major appeals include both quick approvals and less paperwork for invoices, delivery, vendor or equipment qualification, purpose of money, and other requirements. It’s fast and easy.  
And yes, the customers mostly are very satisfied, happy, after being turned down by their bank, or several banks. The business loans are often not more than a year term, some less, so there is repeat business and automatic commission to broker from many companies who credit the originator.  Thus the market has changed where the goal of discovering the turned down borrower is more important than being a lease consultant. 
Mr. Terry  Winders, CLP, has been a teacher, consultant, expert witness for the leasing  industry for thirty years and can be reached at terrywinders11@yahoo.com or 502-649-0448.  
  He invites  your questions and queries. 
Previous #102  Columns: 
  http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm 
  
  
    
      Mr. Terry Winders available as a consultant regarding assisting attorneys in resolving disputes or explaining procedures or reviewing documents as utilized in the finance and leasing industry.
        He is the author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale. 
        502.649.0448/terrywinders11@yahoo.com 
        | 
     
  
 
  (This ad is a “trade” for the writing  of this column. Opinions 
  contained in the column are those of  Mr. Terry Winders, CLP) 
  
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      Leasing Industry Help Wanted 
    
 
   
   
   
  
 
 
   
     
   
[headlines] 
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“I’m Leaving Right after  I Get My Bonus” 
Career Crossroad---By Emily  Fitzpatrick/RII 
          
        First, NEVER burn  bridges (many of us have learned this from past experience!) – give notice in  the PROPER manner. 
        I would suggest  developing a formal resignation letter at least two weeks prior to terminating  your present employment. Many resignation letters state your last day of  employment and a willingness to assist in the transition process (sometimes  including training a new hire to take over your duties). You may want to  include a personal note thanking the employer and explaining your reasoning for  your departure. 
        Whatever the  circumstances, make sure you phrase your resignation letter in a positive way.  This does not give you free reign to lay out your grievances … not appropriate!  Don’t do it! 
        Your past  employer may be called upon to provide a reference for you in the future. AND  you never know if you might work with your manager (s) in the future! 
        If you get your bonus today, Please wait until after Christmas 
          to submit  your letter of resignation!  Better yet,  wait until the check 
          clears  your bank account. 
        Merry  Christmas, Happy Holidays,  
        Emily  Fitzpatrick 
          Sr.  Recruiter 
          Recruiters  International, Inc. 
          Phone:  954-885-9241 
          Cell:  954-612-0567 
          emily@riirecruit.com 
          Invite me to  Connect on LinkedIn 
          www.linkedin.com/pub/emily-fitzpatrick/4/671/76 
        Also follow  us on Twitter #RIIINFO 
        Career Crossroads Previous Columns 
        http://www.leasingnews.org/Conscious-Top%20Stories/crossroad.html 
         
           
         
      [headlines] 
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      Top Leasing Executives  on ELFA November Drop 
in New Business -  Down 18%% from October to November      
         
        (Chart: Leasing News)       
        
        (Chart: Leasing News)       
      The Equipment  Leasing and Finance Association Monthly Leasing and Finance Index (MLFI-25) for  November shows new business was down from October’s $8.3 billion to $6.8  billion in November.  This is 18% drop on  a month-to-month basis. ELFI-25 reports New business volume was up 6% for the  year to date and down 8% year over year. 
        
      Leasing Executives did  not exclaim surprise: 
      (Alphabetical Order) 
        
        Richard A. Baccaro 
        Executive Vice President - Sales &  Marketing 
        Ascentium Capital LLC 
      "As I  previously mentioned, Ascentium Capital forecasted a tempered November based on  short month as is always the case.  
      "With  the economy doing well and people feeling good about their business, the stock  market and interest rates; they tend to take a few days off before and after  Thanksgiving.  
      "It’s a  good time for business owners, executives and sales professionals to recharge  their batteries in advance of an expected record breaking December and year  end." 
        
        John Boettigheimer 
        President 
        Centra Leasing, Inc. 
        4 Hour Funding 
      "We made  our target numbers in November, but just barely.  In November our average ticket size was much  smaller than normal and we really had to close a lot of deals to meet our  target, which is consistent with the lower closing activity I am hearing about  from other industry players.  Good news  is that December has been quite strong and our average ticket size is back to  normal levels.       
        
        Christopher Enbom  
        CEO and Chairman, 
        Allegiant Partners Inc. dba 
        First Star Capital dba Clearview Financial 
      "In  October the market went to $15,855. 
      "We find  that the market sentiment directly impacts small business equipment  purchases.  This could be part of the  equation." 
        
        Dwight Galloway, CLP 
        Senior Vice-President, Broker Division 
        RLC Funding 
      "Not  rocket science here: Novembers have often been less productive than Octobers  simply because there are always 2-3 fewer working days!  That reason alone accounts for much of the  difference regardless of other less quantifiable factors.  
      "With  the Section 179 boost, some equipment purchases planned for the first quarter  will be closed before year end, helping the 2014 volume but robbing the early  months of 2015."       
        
        Barbara Griffith 
        President 
        Southern California Leasing, Inc.       
      "We hit  our goals.  We did have a bumpy  ride.  Busy one month not so busy the  next month.  I believe and what I read:  the US will have a good 2015 & 2016. 
        
        Valerie Jester 
        President 
        Brandywine Capital Associates 
      "Typically  our Novembers are not as strong as October – mostly due to the shorter month  after the Thanksgiving holidays are considered. I don’t believe Section 179 has  been too big a factor this late in the game. I think most customers gave up on  that in the summer. 
      "We do  see vendors taking long and longer lead times on equipment delivery – so that  may be hurting volume in November as well."  
        
        Allan Levine 
        President and COO 
        MADI$ON CAPITAL 
      “For Madison,  October and November were crazy months compared to 2013. One must keep in mind  we are an equipment and vehicle lease/finance company. So here ya go: 
         
  “Oct. 2014 compared to 2013 
        Vehicles up 4% 
        Equipment up 25% 
      “Nov. 2014 compared to 2013 
        Vehicles up 42% 
        Equipment down 6% 
      “Dec.  equipment appears to be up and vehicles are about a push when compared to last  Dec. 
      “Our extreme  volatility for vehicles, in Nov., was due to the delivery of 3 large fleets. 
      “Our  business, over time, is 50-50 vehicles and equipment. Some years one is better  than others. The good news is we are never dependent on a single phase.” 
         
       
        
        Paul J. Menzel, CLP 
        President & CEO 
        Financial Pacific Leasing 
        doing business as 
        Umpqua Bank Equipment Leasing 
  & Finance is a subsidiary of  Umpqua Bank 
      "From a  practical point of view, November was a very short month to do business as a  result of when Thanksgiving fell on the calendar.  FinPac & Umpqua Bank Equipment Leasing  & Finance were flat from October to November; however a few very large transactions  in the UBELF channel offset the lower production of FinPac due to the short  month.  MTD December is providing the  highest daily average in applications that FinPac has ever seen and approved  backlog is the highest ever.  We are very  bullish for 2015." 
        
        
        Don Myerson 
        President 
        BSB Leasing, Inc. 
      "Historically  we have seen a dip in business in November and this year was no exception. We  actually expected an uptick this year assuming that after the mid-term  elections the economic climate would pick up. That didn’t happen. December  business has rebounded nicely. Too bad Congress didn’t extend the $500,000  Section 179 expensing earlier allowing businesses to take advantage  earlier." 
        
        Paul Witte, CEO 
        First Federal Leasing 
      "We are  seeing a slight increase in our activity for December in regards to the number  of applications and that dollar amount we are funding.  Our year will end on a positive note with  growth in our portfolio and continued low delinquencies and losses." 
      ------- 
      The noted trend by Leasing Executives  is born by past MFI-25 numbers. Only 3 out of 8 years went  up in November, and marginally $6.0 to $6.3, $4.3 to $4.5 and $6.3 to $6.8  (2007) was the most. 
        5 of 8 were  down. So going down from October to November was 
        not a big  surprise. 
                  Oct.    Nov. 
        2013    $7.6    $6.5 
        2012    $7.6    $6.4 
        2011    $6.0    $6.3 
        2010    $4.9    $4.5 
        2009    $4.3    $4.5 
        2008    $6.0    $4.02 
        2007    $6.3    $6.8 
        2006    $6.0    $5.6       
      ELFA Charts 
      MLFI-25 New Business Volume (Year Over Year Comparison)  
        click to make larger       
      Aging of Receivables: 
          
        click to make larger 
      Average Losses (Charge-offs) as a % of net receivables 
        (Year Over Year Comparison) 
          
        click image to make larger 
       
        Credit Approval Ratios As % of all Decisions Submitted 
        (Year Over Year Comparison) 
          
        click image to make larger 
      Total Number of Employees 
      (Year Over Year Comparison)
       
      click image to make larger
         
      ELFA  MLFI-25 Participants 
      BancorpSouth Equipment Finance 
        Bank of America 
        Bank of the West 
        BB&T Bank 
        BMO Harris Equipment Finance 
        Canon Financial Services 
        Caterpillar Financial Services 
        CIT 
        DLL 
        Dell Financial Services 
        Direct Capital Corporation 
        EverBank Commercial Finance 
        Fifth Third Equipment Finance 
        First American Equipment Finance, a  City National Bank Company 
        GreatAmerica Financial Services 
        Hitachi Credit America 
        HP Financial Services 
        Huntington Equipment Finance 
        John Deere Financial 
        Key Equipment Finance 
        LEAF Commercial Capital 
        M&T Bank 
        Marlin Leasing 
        Merchants Capital 
        PNC Equipment Finance 
        RBS Asset Finance 
        SG Equipment Finance 
        Siemens Financial Services 
        Stearns Bank 
        Suntrust 
        Susquehanna Commercial Finance 
        TCF Equipment Finance 
        US Bancorp Equipment Finance 
        Verizon Capital 
        Volvo Financial Services 
        Wells Fargo Equipment Finance 
        
        
       
 
[headlines] 
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    Mankato Zombie Bank  Closes 
Non-Current Loans, Mostly Mortgages 
      
    The two  branches of Northern Star Bank, Mankato, Minnesota were closed with BankVista, Sartell, Minnesota, to assume all  of the deposits. It is another one of the Zombie banks the FDIC has been  keeping open, and their trouble started before the recession, over ten years  ago. 
    This small  bank was formed January 25, 1999.  As of  September 30, 2014 it had seven full time employees at its office in Mankato  and Saint Cloud.  In 2006, the bank had  17 full time employees. They also had a mortgage banking office in Edina (via  the Company's joint venture with First Federal Holding Company of Morris),  which they merged in 1999. 
     
    The  Minneapolis/St. Paul business Journal in 2004 reported: 
  “The bank  stated its non-interest income for 2004 had decreased by $440,000 attributable  to residential real estate lending activities, while it had to spend additional  $96,000 in compensation and employee benefits compared to last year, because of  additional staff and higher health care costs." 
  http://www.bizjournals.com/twincities/stories/2004/09/06/daily42.html 
    The actual  loss was $286,000 year-end 2004, and $84,000 in 2005, according to the  FDIC.     
      (In millions, unless noted otherwise) 
    
      
        
          | Profit (loss) | 
         
        
          |   | 
            | 
         
        
          | 2006 | 
          -$183,000 | 
         
        
          | 2007 | 
          -$381,000 | 
         
        
          | 2008 | 
          -$138,000 | 
         
        
          | 2009 | 
          -$675,000 | 
         
        
          | 2010 | 
          -$1.8 | 
         
        
          | 2011 | 
          -$903,000 | 
         
        
          | 2012 | 
          -$242,000 | 
         
        
          | 2013 | 
          -$654,000 | 
         
        
          | 9/30 | 
          -110,000 | 
         
        
          |   | 
            | 
         
        
          | Net Equity | 
         
        
          |   | 
            | 
         
        
          | 2006 | 
          $3.9 | 
         
        
          | 2007 | 
          $4.6 | 
         
        
          | 2008 | 
          $4.3 | 
         
        
          | 2009 | 
          $3.7 | 
         
        
          | 2010 | 
          $1.9 | 
         
        
          | 2011 | 
          $1.3 | 
         
        
          | 2012 | 
          $1.1 | 
         
        
          | 2013 | 
          $462,000 | 
         
        
          | 9/30 | 
          $464,000 | 
         
      
     
    Consent Order  from the FDIC since July 2009, addressing, among other things, the bank  operating with inadequate capital levels, and it was obvious the small bank was  not going to recover.  
       Northern Start Consent Order (6 pages): http://www.leasingnews.org/PDF/ 
  NorthernStarConsentOrder_2014.pdf  
    In 2010, rescinded two-for one stock split: 
     
    Northern Star  Bank has been under regulatory scrutiny for years due to a large amount of  troubled loans, operating losses, and inadequate capital. The internet shows  criticism of Northern Star Bank President Tom Stienessen, particularly the  banks issuance of subprime mortgages.  It  is stated, Mr. Stienessen replied the bank did not participate in sub-prime  loans, yet the high non-current loans for a small bank were  substantial, especially starting in 2007. 
    
      
        
          | Non-Current Loans | 
         
        
          |   | 
            | 
         
        
          | 2004 | 
          $89,000 | 
         
        
          | 2005 | 
          $420,000  | 
         
        
          | 2006 | 
          $92,000 | 
         
        
          | 2007 | 
          $959,000 | 
         
        
          | 2008 | 
          $2.5 | 
         
        
          | 2009 | 
          $2.5 | 
         
        
          | 2010 | 
          $763,000 | 
         
        
          | 2011 | 
          $928,000 | 
         
        
          | 2012 | 
          $38,000 | 
         
        
          | 2013 | 
          $109,000 | 
         
        
          | 9/30 | 
          $337,000 | 
         
      
     
      
    Charge Offs 
    2006 $301,000  ($263,000 loans to individuals, $28,000 commercial) 
      2007 $6,000 ($6,000  loans to individuals) 
      2008 $17,000 ($20,000  loans to individuals, -$3,000  
             commercial/industrial) 
  2009 $106,000  ($82,000 commercial/industrial, $17,000 1-4  family,  
           $7,000 individuals) 
  2010 $1.4 ($844,000  construction/land, $595,000 1-4 family,  
            $1,000 indiv.,-$7,000 commercial) 
  2011 $513,000   ($365,000 1-4 family, $128,000 nonfarm/nonindiv.,  
            $20,000 commercial, -$1,000 indiv.) 
  2012 $60,000  ($59,000 1-4 family, $8,000  commercial/industrial, - 
             $11,000 nonfarm/nonres.) 
  2013 $213,000  ($213,000 1-4 family residential properties) 
  9/30 $23,000  ($26,000 1-4 family, -$3,000 individual) 
    Construction and Land, 1-4 family  multiple residential, Multiple Family Residential, Non-Farm Non-Residential  loans. 
    Tier 1  risk-based capital ratio 3.31%        
    As of  September 30, 2014, Northern Star Bank had approximately $18.8 million in total  assets and $18.2 million in total deposits. In addition to assuming all of the  deposits of Northern Star Bank, BankVista agreed to purchase essentially all of  the failed bank's assets. 
    The FDIC  estimates that the cost to the Deposit Insurance Fund (DIF) will be $5.9  million. Compared to other alternatives, BankVista's acquisition was the least  costly resolution for the FDIC's DIF. Northern Star Bank is  the 18th FDIC-insured institution to fail in the nation this year, and the  first in Minnesota. The last FDIC-insured institution closed in the state was  1st Regents Bank, Andover, January 18, 2013. 
    https://www.fdic.gov/news/news/press/2014/pr14112.html 
       
         
      
  
    [headlines] 
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        CIT Bank/OneWest Bank  Merger More Protests 
by Christopher Menkin 
          
        U.S. is  ending the TARP year with $15.3 billion profit, as the government sells its  remaining 54.9 million Ally Financial shares.    35 smaller banks remain in the program, down from 700 financial firms at  the height of the program, which began in the final months of George W. Bush's  presidency. 
        CIT was  forced to rely on TARP, as did many financial institutions, and has emerged to  again become a very successful company.   Ironically, CIT Bank is in the midst of gaining a review by the Federal Regulators  to merge with OneWest Bank in Southern California.  OneWest began from the remnants of IndyMac,  caught in the mortgage bubble burst, which investors turned around originally  as a regional bank in the Pasadena area, and grew into 74 offices. Two success  stories; grateful to their customers and investors. 
        A group is  opposing the merger on the basis of the branches losing 
          their  "community identity," meaning serving their communities because CIT  Bank has a different personality, interested primarily in business than  consumers.  In reality, the marriage  would bring benefits to both. 
        According to  the Los Angeles Daily News, "More than 50 organizations oppose the merger,  including the California Reinvestment Coalition (CRC), Valley Economic  Development Center, East L.A. Community Corp., Montebello Housing Development  Corp. and the Greenlining Institute. 
        "OneWest  has a dismal track record of reinvesting in the communities it serves, the  protestors said, and the bank has foreclosed on an estimated 35,000 California  families over the past five years." 
        An article in  Mainstreet.com quotes Kevin Stein, associate director with the California  Reinvestment Coalition (CRC), "“CRC believes that OneWest and CIT Group  should look to the example of Banc of California that agreed to create a five  year, public, community reinvestment plan." 
        He claims,  "“The banks should develop a much more robust community benefit plan given  the large amounts of corporate subsidy the two banks have received, including  $2.3 billion in TARP money CIT Group received that it never paid back to  taxpayers and the more than $1 billion that OneWest has received from the FDIC  under shared loss agreements." 
        http://www.mainstreet.com/article/protestors-oppose-too-big-to-fail-bank-merger-of-onewest-and-cit-group-in-california/page/2 
         
          
    
     
     
 
   
[headlines] 
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  Notice of Default  Resolved in Favor of Lender 
  By Tom McCurnin 
    Leasing News Legal Editor 
     
  Most Notes Have Provisions Which Waive Notice of Default. 
      But What If The Loan Agreement  Provides for Notice to Borrower?   Washington Case Holds That Promissory Note Governs.   
  DZ Bank v Choice, 2013  WL 146344 (Wash. Ct. App. 2013). 
  Most Promissory Notes and Leases waive notice  to the borrower. However, many larger  transactions are accompanied by a separate Loan Agreement. In today’s case, the Loan Agreement provided  for notice to the borrower. The lender  apparently did not specifically issue a notice of default, so a Washington  Court was faced with which of the two agreements it would hold the lender to,  the Promissory Note, or the Loan Agreement. The facts follow. 
  Brooke Credit Corporation financed Choice Cash  Advance in various aspects of its business, including franchising. Brooke pledged the Note to its lenders, DZ  Bank. DZ Bank was appointed as agent to  enforce its rights under the Note. 
  Choice Insurance failed to make the payment  due on the Loan Agreement on February 15, 2011. Choice raised a number of defenses, one of which was that it did not  receive formal notice of default, which was required under the Loan  Agreement. In response, DZ Bank argued  that the Promissory Note contains a waiver of notice, and the Note was  incorporated by reference into the Loan Agreement.   
  The Court, faced with this patent conflict  looked at the Loan Agreement and discovered an “Interpretation Clause” which  governs how the two documents were to be reconciled in the event of a  conflict. The clause stated: 
  “[t]o the extent that the provisions of [the Loan Agreement] conflict  with those of any other Loan Document [which would include the Promissory  Note], the provision which provides [DZ Bank] most protection and grants [DZ  Bank] the greatest rights shall control.” 
  Therefore, the Court ruled that no notice of  default would be required and entered judgment in favor of the Bank. 
  The lessons here are two-fold, for both the  creditor’s lawyer drafting the agreement and the line officers enforcing the  agreement. 
  First, for the lawyers, although there was a  conflict resolution clause, there really should have been no patent conflicts  between the Note and the Loan Agreement. Granted the obligations were large, but lawyers should have read the agreements  and resolved the conflicts before sending it out for signatures. 
  Second, for the creditors, why not simply give  notice or conduct operations in a way which gives the borrower more  protections, rather than less? How much  is a notice of default letter going to cost, as opposed to this Federal  lawsuit? 
  The bottom line is notice of default is tricky  and should be dealt with both in drafting and in operations.   
    .   
    DZ  Bank case 
    http://www.leasingnews.org/PDF/DZBankCase_2014.pdf 
  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/Conscious-Top%20Stories/leasing_cases.html 
   
     
    
    
  [headlines] 
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  Salvation Army Kettle 
    $6,285 Raised to Date—Thank You,  Donors 
  
    
    
    
    
      | Jeffrey Allard | 
      Larry Armstrong | 
      Carol Baker | 
     
    
      | Brent Baron | 
      Bruce Cady | 
      Brian Carey | 
     
    
      | Ben Carlile | 
      Edward Castagna | 
      John Caulfield | 
     
    
      | Richard Cohen | 
      Dale Davis | 
      Rob Day | 
     
    
      | Shawn Halladay | 
      Larry Hartmann | 
      Randy Haug | 
     
    
      | Don & Bonnie Dulmage | 
      Jim Lahti | 
      Theresa Kabot,CLP | 
     
    
      | Sam Khedkar | 
      Jule Kreyling | 
      Bruce Kropschot | 
     
    
      | Vern Laney | 
      Allan Levine | 
      Bruce Lurie  | 
     
    
      | Barry Marks | 
      Paul Menzel,CLP | 
      Dean Morrison | 
     
    
      | Gerald Oestreich | 
      PFSC | 
      Klaus Pache | 
     
    
      | Susan Robert | 
      Dean Rubin | 
      Jeffrey Rudin | 
     
    
      | David Silverman | 
      Bob Stephan | 
      Bob Teichman,CLP | 
     
    
      | Gary Trebels | 
      Terry Waggoner | 
      Paul Weiss  | 
     
    
      | Rosanne Wilson | 
      Rick Wilbur | 
      Edward Winston | 
     
    
      | Robert VanHellemont | 
      Annoymous | 
       | 
     
   
  (Please click on kettle to learn more) 
  Let’s Set a Record for 2014! 
    
 
 
  [headlines] 
    -------------------------------------------------------------- 
  ##### Press  Release ############################  
  Northland Capital to be  Seen on Manufacturing Marvels 
    Fox Business Network, Tonight, Monday 
    
  Northland  Capital Financial Services, LLC of St. Cloud, MN, will be spotlighted in a  nationally televised production called Manufacturing Marvels® between 8:30 and  8:45pm CST Monday, December 22, 2014 on the Fox Business Network®. This is a  first for Manufacturing Marvels® to highlight an equipment lease and finance  company as a service provider in helping manufacturers and businesses across  the country succeed. Filmed on location, the production will highlight the  Northland Capital brand, its services and the company’s commitment to providing  business capital with a spirit of integrity, commitment and excellence. 
    
    Willis Kleinjan 
    President 
    Northland Capital 
  “We are  excited to be part of the Manufacturing Marvels® production and share our  foundation for success,” states President, Willis Kleinjan. “This is a  testament to the dedication and commitment of our customers, partners and  employees. We are proud of the work we do.”   
  After its air  date, the video will be available on our website www.northlandcapital.com and  YouTube channel. 
  ### Press  Release ############################ 
     
   
  
    
      
          
         
          • Contract Negotiations • Fraud Investigations  
            • Credit Investigations • Skip-tracing  
            • Third-party Commercial Collections 
             
              Receivables Management LLC 
                John Kenny  
                For flat fee or commissions basis  
           
          john@jkrmdirect.com | ph 315-866-1167|www.jkrmdirect.com  | 
       
    
   
  
    (Leasing News provides this ad as a  trade for investigations 
    and background information provided by  John Kenny)   
 
 
[headlines] 
        -------------------------------------------------------------- 
  Chocolate Labrador  Retriever 
    Mankato, Minnesota Adopt-a-Dog 
    
    Princess Diana 
   
  “Princess Di  came to us as a city stray that was found outside of Mankato. She is a very  sweet, exuberant and lovable lab. She is full of energy and needs training to  learn manners. She knows the sit command, but does not have a lot of patience  to stay. She can sometimes jump up when she’s excited, so she would probably do  best in a family with no small children. With some basic obedience training she  will be a wonderful family pet. 
  “STAFF NOTES:  ‘Loves to play fetch and tug with any kind of toy! She likes chew/treat toys  like stuffed kongs.’ 
  “STAFF NOTES:  ‘Should have huge space- doesn't do well in small areas. Obsessed with toys-  there never can be enough. Fence aggressive- should assume that she doesn't get  along with other dogs.’ 
  “STAFF NOTES:  ‘Loves kong squeekies. Does know sit. Can get rough when playing. Does tend to  jump up when she wants a toy/treat, Loves all toys- but watch fingers, she can  get a little rough.’ 
  “CHRISTMAS  WISH: Kong branded Squeeky! 
  “Adoption fee  of $275 will include spay/neuter, up to date vaccinations, flea and tick  preventative, dewormer and heartworm test.  
  “RRPS is open for adoption on Thursday,  Friday and Saturday from 2 p.m. to 6 p.m. If those hours don't work for you,  contact the shelter at 507.625.6373 or rrps@hickorytech.net to make an  appointment. 
  “RRPS is a  no-kill shelter that is located in Mankato, MN. Mankato is about 60 miles south  of the southern edge of the Twin Cities. 
  “Recommended: 
    Home without  dogs • Home without cats • Home without small children (< 5yrs old) • House  trained • Spay/Neuter • Current on vaccinations.” 
  BLUE EARTH NICOLLET COUNTY HUMANE  SOCIETY 
    1250 North River Drive 
    Mankato, MN 56001 
    507-625-6373 
  Contact by Email: 
    https://www.petfinder.com/petdetail/30349644# 
  
 
  Adopt a Pet 
  http://www.adoptapet.com/ 
 
  [headlines] 
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    News Briefs---- 
   
  Obama Signs  2014 Tax Extenders Bill into Law 
    http://www.forbes.com/sites/ashleaebeling/2014/12/19/obama-signs-2014-tax-extenders-money-in-your-pocket/ 
  Fortress  looks to sell TRAC Intermodal Leasing Company 
    http://www.reuters.com/article/2014/12/18/us-tracintermodal-m-a-idUSKBN0JW2QW20141218 
  Mistakes,  equipment issues pose serious threats with lease rail-related hazmat 
    http://www.dailyherald.com/article/20141221/news/141229830/ 
  Avon to pay  $135 Million for Bribe Chinese Gov't Officials 
    http://ww2.cfo.com/regulation/2014/12/avon-door-door-influence-peddling/ 
  Cleaning Up  Bad Bank Loans in China? Do an IPO  
    http://blogs.wsj.com/chinarealtime/2014/12/22/cleaning-up-bad-bank-loans-do-an-ipo/ 
  Tom Brokaw  Says His Cancer Is in Remission 
    http://time.com/3643448/tom-brokaw-cancer-remission/ 
  49ers' season  of distractions 
    http://www.mercurynews.com/49ers/ci_27171861/49ers-season-distractions   
  
 
 
     
      [headlines]
    -------------------------------------------------------------- 
  
    
           
        --You May Have Missed It 
  Lions'  Dominic Raiola stomps on opponent's ankle 
    http://sports.yahoo.com/blogs/nfl-shutdown-corner/lions--raiola-stomps-on-bear-s-ankle-205337001.html 
 
       
    [headlines] 
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        SparkPeople--Live  Healthier and Longer 
          
           
        
 Meet the Best Meatless Protein Sources 
        http://www.sparkpeople.com/blog/blog.asp? 
        post=meet_the_best_meatless_protein_sources 
         
 
[headlines] 
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        Football Poem         
          
        S.F. 49ers 
        Jane Griffin 
        Gold helmets shine in the  sunlight. 
          The jerseys are loose and  the pants are tight. 
          Those were the only things  shining this year. 
          After so many losses,  there's no reason to cheer. 
          That's what all thought  but one loyal fan 
          Because not matter what, I  believe that they can. 
          I know we could have won  the Superbowl 
          If our kicker was able to  make a field goal. 
          Many times when we could  have won the game, 
          Because of special teams,  we left the field in shame. 
          We'll have to wait until  next season 
          To be the ones doing the  teasin'. 
          The Superbowl will be our  mission. 
          After all it's 49ers  tradition. 
         
        
         
          [headlines] 
          -------------------------------------------------------------- 
         
          
  
        
        
          
  Sports  Briefs---- 
        Updated NFL Playoff Picctue After Week 16 
        http://sports.yahoo.com/news/nfl-playoff-picture-2014-184525471.html 
        Wilson, Seahawks trounce Cards 
        http://www.si.com/game/1382951 
        49ers blow  21-point lead in OT loss to Chargers 
          http://www.mercurynews.com/49ers/ci_27180732/49ers-blow-21-point-lead-ot-loss-chargers   
        Ravens'  playoff hopes fade in 25-13 loss to Texans 
        http://www.kansascity.com/sports/article4777731.html 
        Jets’ Defense  Flusters Tom Brady, but Patriots Rally to Win 
        http://www.nytimes.com/2014/12/22/sports/football/new-york-jets-defense-flusters-tom-brady-but-new-england-patriots-rally-to-win-in-possibly-rex-ryans-last-home-game.html 
        Five  Takeaways From the Patriots' 17-16 Win Over the Jets 
        http://www.boston.com/sports/football/patriots/extra_points/2014/12/ 
        five_takeaways_from_the_patriots_17-16_win_over_th.html 
        Offensive  line obviously a problem area for Patriots 
        http://www.bostonglobe.com/sports/2014/12/22/even-offensive-linemen-are-front-about-this-patriots-problem-area/xwkXSQy7JDVgyXsuyAFnuO/story.html 
        Cowboys win  NFC East title; Packers, Steelers, clinch playoff spots 
        http://www.latimes.com/sports/sportsnow/la-sp-sn-nfl-roundup-20141221-story.html#page=1 
        Cowboys make  statement, show this could be special season 
        http://cowboysblog.dallasnews.com/2014/12/5-thoughts-cowboys-make-statement-show-this-could-be-special-season.html/         
        Raiders knock  out Bills playoff contentention with 26-24 win  
        http://www.sacbee.com/sports/article4778427.html 
        Photos:  Oakland Raiders play final 2014 season home game against Buffalo Bills 
        http://photos.mercurynews.com/2014/12/21/photos-oakland-raiders-play-final-2014-season-home-game-against-buffalo-bills/#1 
        Rams are  no-shows in loss to Giants 
        http://www.stltoday.com/sports/football/professional/rams-are-no-shows-in-loss-to-giants/article_f970a96f-583f-52b5-9eb4-583d540c61a2.html         
        Denver  Broncos News: Horse Tracks - Elway or the Highway 
        http://www.milehighreport.com/2014/12/21/7429861/denver-broncos-news-horse-tracks-elway-or-the-highway 
        Photos:  Falcons win 30-14, sweep Saints 
        http://www.ajc.com/gallery/sports/football/photos-falcons-look-sweep-saints/gCQCZ/ 
        Falcons  expected to fire Mike Smith, per report 
        http://www.sbnation.com/nfl/2014/12/21/7430033/mike-smith-atlanta-falcons-fired 
          
        
        Please Click on Bulletin  Board to learn more information 
          (Leasing News provides this ad  “gratis” as a means 
        to help support the growth of Lease  Police) 
 
 
[headlines] 
  -------------------------------------------------------------- 
  
  California  Nuts Briefs---  
   
Chinese firm  for Bay Bridge produced flaws in another huge project  
  http://www.sacbee.com/news/investigations/bay-bridge/article4748610.html#emlnl=Morning_Newsletter  
Summing up  Chuck Reed's eight years as San Jose, CA mayor 
  http://www.mercurynews.com/ci_27181892/herhold-summing-up-chuck-reeds-eight-years-mayor 
Klein TV set  to close after 61 years in downtown San Rafael 
  http://www.marinij.com/marinnews/ci_27174110/klein-tv-set-close-after-61-years-downtown 
   
   
 
  [headlines] 
  -------------------------------------------------------------- 
  
  “Gimme  that Wine”  
 
http://www.youtube.com/watch?v=EJnQoi8DSE8 
 
Study reveals  who's clogging Napa highways 
  http://napavalleyregister.com/news/local/study-reveals-who-s-clogging-napa-highways/article_267462a6-3de7-58fa-80f4-4055273d2621.html 
The next Napa  earthquake could be much bigger, scientists find 
  http://news.ucdavis.edu/search/news_detail.lasso?id=11114 
Wines of  South Aftrica Continues Investment Into U.S. Market 
  http://www.winebusiness.com/news/?go=getArticle&dataid=143452 
Single Serve  Wine Company Makes Shark Tank History 
  http://smallbiztrends.com/2014/12/zipz-single-serve-wine-shark-tank.html 
Cru Bourgeois  Medoc chateau sold to Chinese investor 
  http://www.decanter.com/news/wine-news/587834/cru-bourgeois-medoc-chateau-sold-to-chinese-investor 
Two Events,  One Great Experience at the 2015 Seattle Wine and Food Experience 
  http://www.winebusiness.com/news/?go=getArticle&dataid=143431 
The Inside  Scoop on How Wines Make the Wine Spectator Top 100 List 
  http://radio.foxnews.com/2014/12/18/the-inside-scoop-on-how-wines-make-the-wine-spectator-top-100-list/ 
 
 
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 
 
 
   
  
      [headlines] 
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    This Day in American History 
    
           1696 - Birthday of William Oglethorpe, English general, author, colonizer  of Georgia, and founder of the city of Savannah. Oglethorpe was born at London.  He died June 30, 1785, at Cranham Hall, Essex, England. 
        http://www.ourgeorgiahistory.com/people/oglethorpe.html 
        http://www.cviog.uga.edu/Projects/gainfo/hogarth3.htm 
    1727 -  At Newport, RI, birthday of William Ellery, signer of the Declaration of  Independence.  He died there Feb  15, 1820. During the British occupation of Rhode Island, Mr. Ellery's house was  burned and much of his other property “injured.”  
http://www.williamellery.com/ 
http://www.colonialhall.com/ellery/ellery.asp 
    1770 - Birthday of  Father Demetrius Gallitzin, a Dutch Catholic priest. Arriving in America in  1792, he spent his remaining years as a frontier missionary, building up the  Catholic Church in parts of PA, MD, VA and WV. Gallitzin became known as the  "Apostle to the Alleghenies." 
http://www.slider.com/enc/21000/Gallitzin_Demetrius_Augustine.htm 
http://www.gsd1.org/business/GlendaleBoatSales/history.htm 
http://www.catholicism.org/PAGES/gallitzin.htm 
  
    1775 -  Esek Hopkins of Rhode Island became the first Commander-in-Chief of the  Continental Navy and its seven ships, and served until January 2, 1778. He was  the first to fly the Gadsen flag, show in the masthead of Leasing News. It was  designed by a man from Charleston, South Carolina, with a coiled rattlesnake  and the motto “Don't Tread on Me.'' The connotation of the rattlesnake  in Colonial times was quite different than today; the flag had quite a  different meaning. History has forgotten Hopkins, primarily because he  disobeyed Congress, or as he put it, he interpreted his orders rather broadly  in diverting his fleet from its announced destination of Charleston to the  Bahamas, where he made a successful raid on military shores. The Bahamas was  the major shipping stop from North and South America to Europe and then  controlled by the British. Congress sacked him, not believing his excuse. Some  say his real crimes were a hot temper and an unguarded tongue. Others say he  had secret orders. Among his officers was First Lieutenant John Paul Jones, who  helped take New Providence. 
http://www.worldsfinestnavy.com/EsekHopkins.html  
http://www.famousamericans.net/esekhopkins/ 
http://www.sat.quarterman.org/who/essexhopkins.html 
http://www.sat.quarterman.org/gif/gadsden1.gif 
    1807 -  Congress passes the Embargo Act, which halts all trading completely. It is  hoped that the act will keep the United States out of the European Wars. 
    1815 - Birthday of Henry Highland Garnet, early Black  abolitionist leader, leader of emigration from Liberia and freedom in the  United States. Later in life, Garnet turned to religion and lost a lot of his  influence on the issue of slavery, but he continued to fight for the cause and  helped to improve the lives of former slaves. In 1881, he was appointed to a position in Liberia, but died  only two months after he arrived in 1882. 
http://www.pbs.org/wgbh/aia/part4/4h2949.html 
http://www.africawithin.com/bios/henry_garnet.htm 
http://www.ugrworkshop.com/hgarnet.htm 
http://raider.muc.edu/~horninme/G7%20henry_highland_garnet.htm 
    1828 - Rachel Jackson, beloved wife  of Andrew Jackson, died of heart disease just weeks before her recently elected  husband was inaugurated as president of the United States.  Her first marriage to Captain Robards, a  landowner and speculator, was not a happy affair, and the two separated in  1790. Believing she was a free woman, Rachel married Andrew Jackson in 1791.  Two years later, the couple discovered that Robards was finally suing for  divorce--on the grounds of adultery and desertion. The divorce was granted, and  in 1794, the couple quietly remarried. Yet, for the rest of her life, Rachel  was unjustly slandered for her irregular marriage. The gossip became particularly  painful during the 1828 presidential campaign when the 37-year-old scandal was  resurrected as a campaign issue. Andrew Jackson defeated his opponent John  Quincy Adams, but when Rachel died soon after the election, Jackson bitterly  attributed her death to "those vile wretches who...slandered  her."  
    1829 - The Baltimore & Ohio Railroad opens the  first passenger railway line. 
    1833 - Mercer University was chartered in Penfield,  Georgia under Baptist support. In 1871, the college moved its campus to  Macon, Georgia. 
http://www2.mercer.edu/About_Mercer/default.htm 
    1839 - The second of triple December storms hit  the northeastern U.S. The storm produced 25 inches of snow at Gettysburg, PA,  and gales in New England, but only produced light snow along the coast. 
    1849 - California Gov. Burnett was inaugurated and  Military Governor Riley immediately resigned. Legislature selected Col. John C.  Fremont and William M. Gwin as U.S. senators to take their seats when  California wins statehood. 
    1862 - Birthday of Connie Mack, Baseball Hall of Fame  manager and owner, born Cornelius Alexander McGillicuddy at East Brookfield,  MA. Mack was a major league catcher who became the original manager and  co-owner of the Philadelphia Athletics in 1901. He managed the team, always  wearing street clothes, usually a suit, tie, and white shirt with a starched  collar, and signaling to his players with a scorecard, through the 1950 season  and retired after the 1953 season The Mackmen often finished as also rans, but  his teams did win nine pennants and five world Series.  Many historians consider the A’s of 1929 to  be among the best ever, but the Great Depression hit attendance and by the  mid-1930s, Mack had sold or traded his biggest stars because he could not  afford to keep them.  Inducted into the Baseball  Hall of Fame in 1937. Died at Germantown, PA, Feb 8, 1956. 
http://memory.loc.gov/ammem/today/dec22.html 
http://www.baseballhalloffame.org/hofers_and_honorees/hofer_bios 
/mack_connie.htm  
http://www.baseballlibrary.com/baseballlibrary/ballplayers 
/M/Mack_Connie.stm 
    1864 - Union General William T. Sherman captured  Georgia's largest city after his famous "March to the Sea" from Atlanta.  Savannah had been one of the last major ports that remained open to the  Confederates. Along the way, his troops destroyed nearly everything that lay in  their path. Sherman's intent was to wreck the morale of the South and bring the  war to a swift end. For nearly six weeks, nothing was heard from Sherman's  army. Finally, just before Christmas, word arrived that Sherman's army was  outside Savannah. A Union officer reached the coast and found a Union warship  that carried him to Washington to personally deliver news of the success.  Sherman wired Lincoln with the message, "I beg to present you, as a  Christmas gift, the city of Savannah, with 150 heavy guns and plenty of  ammunition, and also about 25,000 bales of cotton." 
    1869 -  Birthday of Edward Arlington Robinson, three-time Pulitzer Prize winner best  known for his short dramatic poems, including "Richard Cory" and  "Miniver Cheevy." Born at Head Tide, ME, and died at Los  Angeles, CA, Apr 6, 1935. 
http://robinson.bokardo.com/biography.phtml 
    1882 – ‘Tis the season… the first string of  Christmas tree lights was created by Thomas Edison. 
    1883 - Birthday  of Arthur Wergs Mitchell, leading “New Deal” Black politician, from Illinois.  Died May 9, 1968 
http://www.system.missouri.edu/upress/spring1997/nordin.htm 
http://bioguide.congress.gov/scripts/biodisplay.pl?index=M000805 
http://www.aaregistry.com/african_american_history/493 
/Arthur_W_Mitchell_political_pioneer 
    1886 -  The first national accounting society, the American Association of Public  Accountants, was formed in New York City. The first president was James  Yalden.  
    1888 - Birthday of Dr Chancellor Williams, historian  and author of “Destruction of Black Civilization.” 
http://saxakali.com/Saxakali-Publications/runoko8.htm 
http://www.raceandhistory.com/Historians/chancellor.htm 
http://aalbc.com/reviews/chancell.htm 
http://www.walmart.com/catalog/search-ng.gsp?search_constraint=3920& 
search_query=Williams%2c%20Chancellor 
    1891 -  Asteroid 323 Brucia becomes the first asteroid discovered using photography. 
    1894 - The  United States Golf Association, the governing body for golf in the US, was  founded at a meeting of representatives from five golf clubs. 
    1904 - Birthday of Kenneth Rexroth, Beatnik poet and well-known  San Francisco personality.  Died June 6, 1982 in Montecito, California. 
http://www.charm.net/~brooklyn/People/KennethRexroth.html 
http://www.english.uiuc.edu/maps/poets/m_r/rexroth/rexroth_lif 
http://www.rooknet.com/beatpage/writers/rexroth.html e.htm 
http://www.amazon.com/exec/obidos/tg/detail/-/1556591713/ 
102-8569588-7388914?v=glance 
    1910 -  Birthday of trumpet player Reunald Jones (Count Base Band) born  Indianapolis, In. Died, 1989. One of the “Jones Boys.” 
http://www.centrohd.com/biogra/j2/reunald_jones_b.htm 
http://www.52ndstreet.com/reviews/mainstream/vajonesboys.html 
    1912 –  Former First Lady ‘Lady Bird’ Johnson, wife of President Lyndon Johnson was  born Claudia Alta Taylor in  Karnack, TX.  She died in 2007. 
    1913 - Pianist  Dudley Alonzo Brooks(Elvis Presley band) born Los Angeles, Ca. 
    1914 - The mood to ban alcohol as a means of ending  alcoholism and its abuse in the United States had it first test in the first  alcohol prohibition vote taken in Congress that showed the House of  Representatives with a dry majority. The representatives voted 197-189 in favor  of a resolution to provide a constitutional amendment banning the manufacture  and sale of intoxicating beverages.  The resolution, offered by Representative Richmond Pearson Hobson of Alabama,  failed to win the necessary two-thirds majority, but the mood and politics  regarding prohibition was certainly changing. Hobson became known as the  anti-alcohol crusader. Richmond Pearson Hobson was one of the great heroes of  the Spanish-American War, following only Theodore Roosevelt and George Dewey.  Hobson's fame and popularity was the result of leading an unsuccessful attempt  to block the harbor of Santiago de Cuba by sinking the collier MERRIMAC in the  entrance. Despite the fact that the effort was a failure, and Hobson and his  crew were captured by the Spanish, he became a hero anyway. As a result of his  status as a war hero, he was later elected to Congress, and became a prominent  crusader for alcohol prohibition. He introduced the first national alcohol  prohibition bill in 1911. 
http://bioguide.congress.gov/scripts/biodisplay.pl?index=H000667 
http://www.samford.edu/groups/amhf/id35.htm 
http://www.druglibrary.org/schaffer/people/hobson/ 
    1915 – TV mom Barbara Billingsley  was born Barbara Lillian Combes in LA.   She is best and forever known as June Cleaver, Beaver’s mom, in the  long-running “Leave it to Beaver.”   Billingsley died in 2010. 
    1917 – Comedian  and TV game show host Gene Rayburn was born Eugene  Jelyevich in Christopher, IL.  After a  successful radio and Broadway career, Rayburn broke into TV as the original  sidekick of Steve Allen on “The Tonight Show”.   From 1962 to 1969, Rayburn hosted “The Match Game”, the role for  which he is best known. Rayburn died in 1999. 
    1919 - Singer Lil Green was  born Lillian Johnson in Clarksdale, MS.  “Why Don’t You Do Right” was her big hit, later to be the  theme song of Peggy Lee. 
http://www.oafb.net/once29.html 
http://www.geocities.com/theblueslady.geo/LilGreen.html 
http://www.artistdirect.com/music/artist/bio/0,,551235,00.html?artist= 
Lillian+%22Lil%22+Green 
    1921 -  The first U.S. commercial radio license assigned to a religious broadcaster was  awarded to the National Presbyterian Church of Washington, D.C. Within five  years, there were over 60 other licensed religious broadcasters, including KJS,  Biola (L.A.); KFUO, Concordia Seminary (St. Louis); and WMBI, Moody Bible  Institute (Chicago).  
    1921 - Country singer Hawkshaw Hawkins was born  Huntington, West Virginia. A recording contract in the late 1940's with the  King label yielded such hits as "I Wasted a Nickel," "Slow  Poke" and "Sunny Side of the Mountain." Hawkins had little  success in the 1950's, but on March 3rd, 1963, his "Lonesome 7-7203"  entered the charts on its way to number one. Two days later, Hawkins was dead,  a victim of the same plane crash in Kansas that killed Patsy Cline and Cowboy  Copas. 
    1937 - Lincoln Tunnel, connecting Jersey City, NJ with New  York City, opens to traffic 
http://www.nycroads.com/crossings/lincoln/ 
    1938 -Birthday of Mateo “Matty” Alou, former  baseball player, born Haina, Dominican Republic.  Alou played in the Majors with his brothers,  Felipe and Jesus. 
http://www.baseballlibrary.com/baseballlibrary/ballplayers/A/Alou_Matty.stm 
http://www.yankeeinfo.com/master.asp?id=alouma01 
http://www.angelfire.com/va3/steelerchief/images/Matyalou.jpg 
    1939 -  Drummer Nick Ceroli born Warren, OH. Died August 11, 1985. He began his  professional career with the Ray Anthony band in the late '50s, and progressed  through the bands of Lionel Hampton, Terry Gibbs, and Stan Kenton. Never a fan  of rock or "pop" music, but rather a mainstream jazz and big band  player, Nick nonetheless joined Herb Alpert's Tijuana Brass in 1965. He spent  five years with that incredibly successful group, lending his talent to an act  once described as having "single-handedly returned instrumental music to  the American popular consciousness." 
http://www.centrohd.com/biogra/c3/nick_ceroli_b.htm 
http://members.aol.com/jnetsites/ceroli2.html 
    1941 - On Decca Records, Jimmie Lunceford and his  orchestra recorded "Blues in the Night", which became one of  Lunceford’s biggest hits. From 1934 to 1946 Jimmy Lunceford racked up 22 hits  more hits. 
http://www.pbs.org/jazz/biography/artist_id_lunceford_jimmie.htm 
    1941 – Winston Churchill arrived in Washington,  DC for a wartime conference with President Roosevelt and American war  strategists. 
    1942 - Sue Dauser takes oath  of office as  Superintendant of Navy Nurse Corps, becoming first woman with the relative rank  of captain in U.S. Navy. She was promoted to the rank of captain on 26 February  1944. 
    1943 - WEB Du Bois elected First black member, National  Institute of Arts and Letters 
http://www.csustan.edu/english/reuben/pal/chap9/dubois.html 
http://www.americaslibrary.gov/cgi-bin/page.cgi/aa/dubois 
    1944 - During the Battle of the Bulge, General Anthony  McAuliffe responds to a German  surrender request with a one word answer: "Nuts!" 
    1944 – D’ALESSONDRO, PETER J., MEDAL OF HONOR. 
Rank and organization: Technical Sergeant, U.S. Army, Company E, 39th Infantry,  9th Infantry Division. Place and date: Near Kalterherberg, Germany, 22 December  1944. Entered service at: Watervliet, N.Y. Born: 19 May 1918, Watervliet, N.Y.  G.O. No.: 73, 30 August, 1945. Citation: He was with the 1st Platoon holding an  important road junction on high ground near Kalterherberg, Germany, on 22  December 1944. In the early morning hours, the enemy after laying down an  intense artillery and mortar barrage, followed through with an all-out attack  that threatened to overwhelm the position. T/Sgt. D’Alessondro, seeing that his  men were becoming disorganized, braved the intense fire to move among them with  words of encouragement. Advancing to a fully exposed observation post, he  adjusted mortar fire upon the attackers, meanwhile firing upon them with his  rifle and encouraging his men in halting and repulsing the attack. Later in the  day the enemy launched a second determined attack. Once again, T/Sgt. D’Alessondro,  in the face of imminent death, rushed to his forward position and immediately  called for mortar fire. After exhausting his rifle ammunition, he crawled 30  yards over exposed ground to secure a light machinegun, returned to his  position, and fired upon the enemy at almost pointblank range until the gun  jammed. He managed to get the gun to fire 1 more burst, which used up his last  round, but with these bullets he killed 4 German soldiers who were on the verge  of murdering an aid man and 2 wounded soldiers in a nearby foxhole. When the  enemy had almost surrounded him, he remained alone, steadfastly facing almost  certain death or capture, hurling grenades and calling for mortar fire closer  and closer to his outpost as he covered the withdrawal of his platoon to a  second line of defense. As the German  hordes swarmed about him, he was last heard calling for a barrage, saying,  "OK, mortars, let me have it--right in this position!" The gallantry  and intrepidity shown by T/Sgt. D’Alessondro against an overwhelming enemy  attack saved his company from complete rout. 
    1944 - Birthday of Steven Norman “Steve” Carlton, Baseball  Hall of Fame pitcher, born Miami, FL.  “Lefty”  pitched for six teams across his career from 1965-88 but he is best remembered  as the best left-hander for the Phillies.   In one of the more dominating seasons ever, for the last-place and  woeful Phils, he won 27 games of their 59 total wins.  He has the second-most lifetime strikeouts of  any left-handed pitcher (4th overall), and the second-most lifetime wins of any  left-handed pitcher (11th overall). He was the first pitcher to win four Cy  Young Awards in a career. He held the lifetime strikeout record between 1982-1984,  before his contemporary Nolan Ryan passed him. 
http://www.baseballhalloffame.org/hofers_and_honorees/ 
hofer_bios/carlton_steve.htm 
    1946 - Birthday of Diane Sawyer, television journalist  and prime time news anchor. "60 Minutes," "Prime Time Live",  ABC Evening News, born Glasgow, KY. 
http://abcnews.go.com/sections/GMA/GoodMorningAmerica 
/GMA_diane_sawyer_bio.html 
    1946 -  Otto Graham leads the Cleveland Browns to a 14-9 victory over the New York  Yankees at Cleveland Stadium in the first All-America Football Conference  championship game.  Graham is regarded by  critics as one of the most dominant players of his era, having taken the Browns  to league championship games every year between 1946 and 1955, winning seven of  them. With Graham at quarterback, the Browns posted a record of 114 wins, 20  losses and four ties, including a 9–3 record in the playoffs. 
    1947 - Drummer Art Blakey’s Jazz Messengers cut first  record, Blue Note Label. 
http://www.audiogalaxy.com/bands/artblakeysjazzmessengers/ 
http://www.playjazz.com/DR005.html 
http://home.ica.net/~blooms/Art1.html 
http://800-buy-movies.com/GeneralDVD/gr107322D1.htm 
    1948 -  Birthday of Steve Garvey, former baseball player, born Tampa, Florida. 
http://www.thebaseballpage.com/past/pp/garveysteve/ 
http://www.baseball-reference.com/g/garvest01.shtml 
    1949 -  Robin and Maurice Gibb of the Bee Gees were born on the Isle of Man. The Gibb  family moved to Australia in 1958, and the twins, along with Brother Barry,  began performing together. The family returned to England in 1966, where the  Gibb brothers were signed by producer Robert Stigwood. A hit single, "New  York Mining Disaster 1941," and a hit album followed within a year. The  teenaged stars were unprepared for their sudden success, and the Bee Gees fell  apart in the early 1970s. But in 1977, they contributed several songs to the  soundtrack of "Saturday Night Fever." "How Deep is Your  Love," "Stayin' Alive" and "Night Fever" all became  number-one hits. And the "Saturday Night Fever" album was the  biggest-selling L-P of all time, until Michael Jackson's "Thriller"  came along.  
    1949 – The only punter to be drafted #1 in the NFL, Ray  Guy, was born in Swainsboro, GA.  After  being named to the NFL’s 75th Anniversary Team, he was finally  inducted into the Pro Football Hall of Fame in 2014, the second kicker and  first punter so honored. 
    1951 - Top Hits 
“Rudolph, the Red-Nosed Reindeer” - Gene Autry 
“White Christmas” - Bing Crosby 
“Slowpoke” - Pee Wee King 
“Let Old Mother Nature Have Her Way” - Carl Smith 
    1952 - “Ding Dong School” Premieres on TV. Named by a three-year-old  after watching a test broadcast of the opening sequence (a hand ringing a  bell), "Ding Dong School" was one of the first children's educational  series. Miss Frances (Dr. Frances Horwich, head of Roosevelt College's  education department at Chicago) was the host of this weekday show.  
http://www.richsamuels.com/nbcmm/dds.html 
http://www.missfrances.com/memorabilia_cartoons.htm 
http://www.skypoint.com/members/schutz19/dingdon1.htm 
    1952 -  The Modern Jazz Quartet cuts first recording on the Prestige label.  
http://www.holeintheweb.com/drp/bhd/MJQ.htm 
http://www.jazclass.aust.com/lewis.htm  
    1955 -  Alan Freed's Rock 'n' Roll Holiday Jubilee opens in New York. The twelve day  show features Count Basie, LaVern Baker, The Cadillacs, The Wrens, The  Valentines, The Chuckles and a host of others. 
    1956 - Elvis Presley had the most charting records this  year with 17. Billboard reports Pat Boone was next with five, followed by Fats  Domino, Little Richard and the Platters with three each. 
    1957 - No. 1 Billboard Pop Hit: "April Love,"  Pat Boone. 
    1958 - "Chipmunk Song" reaches #1 
http://www.poplyrics.net/waiguo/compilations/xmascarols/012.htm 
http://www.psci.net/~aa9ai/chip.ra 
    1959 - Top Hits 
“Heartaches by the Number” - Guy Mitchell 
“Why” - Frankie Avalon 
“The Big Hurt” - Miss Toni Fisher 
“El Paso” - Marty Robbins 
    1962 - The Rebels' instrumental "Wild  Weekend" is released on Swan Records. It makes it to #8 on the pop chart. 
    1962 - The Tornadoes'  "Telstar" becomes the first record by a British group to top the  American pop chart. The song was inspired by the launching of the Telstar  commu-satellite in July. 
    1963 - Oakland Raider Tom Flores passes for 6 touchdowns vs. Houston (52-49) 
http://www.hickoksports.com/biograph/florestom.shtml 
http://www.frameposters.com/Posters_Tom_Flores.html 
http://www.geocities.com/madnessmike/tom_flores.htm 
    1963 -  Official 30-day mourning period for President John F Kennedy ends but for many  who lived through the horror of the assassination, it has never ended. 
    1964 - The first test flight of the SR-71 (Blackbird)  took place at Air Force Plant 42 in Palmdale, CA.  
     1965 - No. 1 Billboard Pop Hit: "Over  and Over," Dave Clark Five. The song is the group's only No. 1 hit. 
    1966 - The United States announces the allocation of  900,000 tons of grain to fight the famine in India.  
    1966 - Acting on an earlier order from John Lennon, producer  George Martin and engineer Geoff Emerick manage to adjust the tape speeds of  two completely different versions of "Strawberry Fields Forever" in  order to create the track we know today. 
    1967 - Top Hits 
“Daydream Believer” - The Monkees 
“Woman, Woman” - The Union Gap 
“Boogaloo Down Broadway” - The Fantastic Johnny C 
“It’s the Little Things” - Sonny James 
    1968 - President-elect Richard Nixon’s younger  daughter, Julie, was married in New York City to Dwight David Eisenhower II, grandson of the former  president. 
http://www.jag.org/jn_eisenhower.htm 
    1969 - In San Francisco, Radio Free Alcatraz broadcast for first time  on Berkeley radio station KPFA. 
    1969 –  Pistol Pete Maravich sank 30 of 31 free throws for the NCAA record. 
    1972  - Folk singer Joni Mitchell was awarded a gold record for her album, "For  the Roses"; which included the song, "You Turn Me on, I’m a  Radio".  
http://www.jonimitchell.com/ 
    1972 – A 6.25 earthquake strikes Managua,  Nicaragua, killing over 12,000.  It was  to help those still suffering there with supplies that the plane carrying  Roberto Clemente crashed, killing him and all aboard. 
    1973 - Barbra Streisand's hit record,  “The Way We Were”, from the movie of the same title that she starred in with  Robert Redford, debuted on Billboard's pop record charts on this date. The song  was on the charts for 17 weeks total, and for 3 weeks was Number 1. It was  later certified gold, and it won the Academy Awards for Best Song and for Best  Original Dramatic Score. The music was written by Marvin Hamlisch, and the  lyrics by Alan and Marilyn Bergman.  
    1974 - Center Phil Esposito of the Boston Bruins scored  the 500th goal of his career in a 5-4 win over the Detroit Red Wings. Esposito  played from 1963-64 through 1980-81 and finished with 717 regular season goals.  There was a billboard near the Boston Garden  that shouted, “Jesus Saves…” to which someone spray-painted, “…and Espo scores  on the rebound!” 
    1975 - On CBS-TV's "All in the Family," Mike  and Gloria Stivic, played by Rob Reiner and Sally Struthers, had a baby.  
    1975 - Top Hits 
“That’s the Way (I Like  It)” - KC & The Sunshine Band 
“Let’s Do It Again” - The Staple Singers 
“Saturday Night” - Bay City Rollers 
“Convoy” - C.W. McCall 
    1976 - Production of "Let’s Make A Deal" came  to an end. During the games show's 3,200 episodes, Monty Hall gave away an  estimated $35 million in prizes and over 20,000 kisses. The show's announcer  was Jay Stewart, and Carol  Merrill was the spokesmodel.  
    1976 - Bob Seger begins his breakthrough to stardom as  his album, "Live Bullet," goes gold. The album features in-concert  versions of "Ramblin' Gamblin' Man," "Beautiful  Loser," "Get Out of Denver," "Travelin' Man" and  "Katmandu." 
    1977 -  Not everyone who jumped from the top of the Empire State building committed  suicide, as 26-year-old Thomas Helms, who jumped from the observation deck on  the 86th floor landed on a narrow ledge on the85th floor, about 20 feet lower  down. He was knocked unconscious for half an hour, but was not seriously  injured.    1978  - Faces drummer Kenney Jones becomes The Who's drummer, replacing the late  Keith Moon who died two months earlier. 
    1979 - Linda Ronstadt, the Eagles and Chicago played a  political benefit for her then boyfriend, California Governor Jerry Brown in  Las Vegas. That show, and one the night before in San Diego, raised $150,000. 
    1979 - Former studio musician Rupert Holmes had the  last number one record of the seventies with "Escape" (The Pina  Colada Song). The tune stayed at the top for two weeks and the follow-up,  "Him", also made the Top 10. Holmes had previously done studio work  for The Drifters, The Platters and Gene Pitney. "Escape" made #23 in  the UK.  
    1983 - Top Hits 
“Say Say Say” - Paul McCartney & Michael Jackson 
“Say It Isn’t So” - Daryl Hall and John Oates 
“Union of the Snake” - Duran Duran 
“Black Sheep” - John Anderson 
    1984 - No. 1 Billboard Pop Hit: "Like a  Virgin," Madonna. Billboard ranks the song as the top single of 1984. 
    1984 - CBS Records said it would release Mick Jagger’s,  of the Rolling Stones, first solo album, in February, 1985. After a 20-year  career with the self- proclaimed “greatest rock ‘n’ roll band in the  world,” Jagger went solo with the album: "She’s the Boss". 
http://www.amazon.com/exec/obidos/tg/detail/-/B000002IXG/ 
102-8569588-7388914?v=glance 
http://www.sweetstar.com/song/b000002ixg 
    1984 –  Subway rider Bernhard Goetz shoots four black would-be muggers on an express  train in Manhattan. 
    1986 -  "Sports Illustrated" magazine named Penn State Head Football Coach Joe  Paterno Sportsman of the Year, marking the second time a coach won the honor. The first coach to do so was UCLA  basketball legend, John Wooden. For this issue, the magazine chose to change  its logo to a two-line design. 
http://sportsillustrated.cnn.com/features/2002/sportsman/master_list/ 
http://www.gopsusports.com/football/people/paterno/paternobiobody.cfm 
http://www.hoophall.com/halloffamers/Wooden.htm 
    1989 -  137 cities set record lows for this date. 35 of those cities established new  lows for December. New all-time records were set -4ºF in Oklahoma City, OK,  -6ºF in Tulsa, OK, -12ºF in Pittsburgh, PA, -18ºF in Denver, CO, -23ºF in  Kansas City, MO, -42ºF in Scottsbluff, NE, -47ºF in Hardin, MT & -60ºF in  Black Hills, SD. 
    1990 – The independence of the Marshall Islands and the  Federated States of Micronesia is complete after termination of the US  trusteeship     
    1991 - Top Hits 
“Black or White” - Michael Jackson 
“It’s So Hard to Say Goodbye to Yesterday” - Boyz II Men 
“All 4 Love” - Color Me Badd 
“My Next Broken Heart” - Brooks & Dunn 
    1991 - Gregg Allman makes his acting debut as a drug  kingpin in the flick, "Rush." Eric Clapton did the excellent music  score. 
    1993 - Lake effect snows buried Turin, NY under 45  inches of snow with 5 inches falling in just 20 minutes. Boonville, NY had 31  inches in two days. 
    1996 - Right wing Brett Hull of the St. Louis Blues became the 24th player in NHL history to score 500  regular-season goals. He tallied goals Nos. 498,  499 and 500 in a 7-4 victory over the Los Angeles Kings. Another goal,  originally thought to be No. 500 was later credited to teammate Sepahne  Matteau. Hull and his father Bobby thus became the first father-and-son duo in  NHL history to score 500 goals each. 
http://www.hockey-fans.com/players/brett-hull.php 
    1998 - U.S. Woman Combat Pilot Sees  Action -- ABOARD THE USS ENTERPRISE (AP) -- The first American woman fighter  pilot to see combat action took part in the air strikes on Iraq. Navy Lt.  Kendra Williams, 26, flew her FA-18 fighter-bomber as part of the attack force  launched from the aircraft carrier USS Enterprise in the Gulf. Williams, who  was raised in Anchorage, Alaska, was among the first group of women  allowed to train for fighter duty, military officials said Tuesday. She  graduated from jet training at the Naval Air Station in Kingsville, Texas, in  1997. 
http://www.ctie.monash.edu/hargrave/williams_k.html  
    2001 – Richard Reid attempts to  destroy a passenger airliner by igniting explosives hidden in his shoes aboard  American Airlines Flight 63.  The  revelation resulted in increased boarding security measures that now include  shoe removal when going through airport security. 
    2005 - The  internet search engine Google announced that Janet Jackson was the  most-searched name during the last twelve months, with people looking for  pictures from her so-called "wardrobe malfunction" at Super Bowl 38  when she exposed her right breast. 
    2008 - An ash dike ruptured at a solid waste  containment area in Roane County, TN, releasing 1.1 billion US gallons of  coal fly ash slurry, thereby unleashing a torrent of litigation by damaged  citizens through the EPA. 
    2010 - The  British government declared the Beatles' famous Abbey Road zebra-crossing a  national heritage site. Britain's Minister for Tourism and Heritage John  Penrose said "This London zebra crossing is no castle or cathedral, but  thanks to the Beatles and a 10-minute photo shoot one August morning in 1969,  it has just as strong a claim as any to be seen as part of our heritage." 
    2010 - The  repeal of the “Don’t Ask, Don’t Tell” policy, the 17-year-old policy banning  homosexuals serving openly in the United States military, is signed into law by  President Obama.  
 
    
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