Balboa Capital and Ascentium Duke it Out
In April 11, 2018 Case over Millions of Dollars

Readers may be familiar with the situation as it was originally written by now-retired Leasing News Legal Editor Tom McCurnin. It centers on loans to physicians to set up a company that hired nurses to represent them and visit their clients for” home visits.” Ascentium funded $40 million, then decided they did not want to extend higher direct liabilities and began to lay the new loans off.

The deals blew apart when the vendor. MHT, closed shop and went out of business, declaring bankruptcy. Balboa Capital was joined as Defendant in the master case April, 14, 2017. (1) Both the Ascentium and Univest Case were settled, but the one with Balboa was not.

There are 48 defendants and 55 Co-Defendants names in a case called “OKOJI HOME VISITS MHT LLC, et al.” 

The case was originally between Balboa Capital and the physicians, but Ascentium Capital was brought into it by Balboa Capital because it was originally brokered to Balboa by Ascentium. (1)  Ascentium Capital settled the cases direct with the physicians, plus Univest Bank, to whom they had brokered the deals.  (2) (3). 

In the latest developments, Balboa Capital claimed Ascentium knew about the alleged Ponzi scheme when it brokered the deal to them and brought Balboa Capital into their case with the physicians on April 11, 2018, claiming the physicians owed any defaults and costs pertaining to the transaction. (4)

Balboa Capital’s motion stated: "In August 2016, Cliff McKenzie, Ascentium’s Senior Vice President, approached Patrick Ontal, Balboa’s Sales Director, with a business opportunity. According to McKenzie, Ascentium had, for several years, been financing the sale of licenses by America’s Medical Home Team, Inc. (“MHT”) to individual doctors. McKenzie stated that although the program was successful, Ascentium had reached its portfolio limit of $40 million and it wanted to refer Balboa to the MHT program as a new financier since Ascentium was no longer funding the program.

“McKenzie was ‘effusive in his praise for MHT’ and explained the program in detail.

“Then, on October 19, 2016, Phil Silva, Balboa’s President, contacted Hernan Traversone, Ascentium’s Chief Credit Officer, to inquire into Ascentium’s experience with the MHT program.

“Mr. Traversone stated that MHT was an excellent vendor and that it had not experienced any defaults on any of the more than $40 million in financing it provided to the program.

“Based on the representations made by Ascentium’s McKenzie and Traversone, Balboa funded prospective doctors entering the MHT program.”  (5)

Then Ascentium Capital responded:

“Balboa’s fraud-by-misrepresentation claim fails because Balboa fails to identify any instance in the Complaint where it satisfied Rule 9(b) by: (a) alleging, with particularity, a false statement by Ascentium, and (b) explaining, with particularity, why that statement was false. Instead, Balboa continues to focus on what Ascentium allegedly did not say about the MHT Program. All of these allegations are irrelevant to a fraud-by-misrepresentation claim. Any fraud-by-omission claim also fails because Balboa fails to allege that Ascentium owed it a duty to disclose. No responsive brief could change this fact. Balboa never even denies this fatal deficiency. In any event, Ascentium did not owe Balboa a duty to disclose as a matter of law because there was no transaction or fiduciary relationship between Ascentium and Balboa.

“Finally, although Balboa attempts to save its negligent misrepresentation claim, Balboa does not dispute that it knew all of the same facts it purportedly knows today in time to plead that claim within the two-year statute of limitations. As a result, the discovery rule cannot save the claim, and Balboa’s Complaint should be dismissed with prejudice.

“Balboa’s Response confirms that, at base, its case is one about fraud-by-omission. Balboa essentially contends that while Ascentium was saying certain things about MHT, it failed to disclose other alleged facts that Balboa highlights in paragraph 19 of its Complaint. In paragraph 19, Balboa alleges that Ascentium “was aware” of, “knew,” or “recognized” certain additional information about MHT that it did not disclose to Balboa. Resp., pp. 8-9, quoting Compl., ¶ 19.Even if taken as true, these undisclosed facts are not “false statements” made by Ascentium. At best, they are omissions, and for all the reasons identified in the Motion and in Section II below, Balboa’s fraud-by-omission claim fails as a matter of law. Aside from the omissions, Balboa contends that it “alleges misrepresentations of fact –e.g., that Ascentium had observed ‘no hard defaults’ and that it was exiting the MHT program due to ‘routine portfolio risk management.’” Resp., p. 10. But the Complaint does not allege that Ascentium had experienced “hard defaults,” and does not deny that Ascentium had “reached its portfolio limit of approximately $40 million.” See Compl., ¶¶ 10-19. Balboa cannot sustain its claims with a single, conclusory allegation that everything Ascentium said was false – Rule 9(b) requires particularity as to what was false and why._
pages 1, 2, 3

“Simply put, Balboa has not produced a single Texas case (or a California case) where the plaintiff prevailed on a fraud-by-omission claim without an underlying transaction or fiduciary relationship. The Court accordingly should dismiss any fraud-by-omission claim under the case law cited in the Motion.” (6)

(1)
New Developments in Ascentium Action: Texas Judge Expresses Doubt on Class Action Allegations;
State court Complaints are Filed and Balboa Capital Joined as Defendant
http://leasingnews.org/archives/May2017/05_08.htm#developments

(2)
Ascentium Capital Class Action Suit Settled?
http://leasingnews.org/archives/Sep2017/09_29.htm#ascentium

(3)
http://leasingnews.org/archives/Apr2017/04_11.htm#univest

(4)
Ascentium Capital/Balboa Capital Karma
Major Default Case Blows Up
http://leasingnews.org/archives/Jan2020/01_06.htm#asc

(5) Pacer Filing:
http://leasingnews.org/PDF/balboa_response2020.pdf

(6) Ascentium Capital Response  (10 pages)
http://leasingnews.org/PDF/ascentium_response2020.pdf

 

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Orion First Surpasses $2 Billion Under Management
Continues to Perform

Seattle, WA—Orion First has surpassed $2 billion in assets under management. This milestone comes only 16 months after reaching its previous benchmark of $1 billion.

The assets under management consist of small business commercial loans and leases for which Orion provides all back-office portfolio management, servicing and collection duties for a clientele that ranges from federally regulated banks to independent finance companies.

David T. Schaefer, CEO of Orion First, said, “It’s proof of our performance, that we’ve got a good product. Passing one billion was a big one—we’ve shown that we’re here to stay. Now we’re showing that we can continue to scale and deliver value. It’s gratifying, for us and for our clients. We’re ready for whatever 2020 brings.”

Orion’s impressive growth is attributable to several key factors. It has a highly skilled team that continues to grow; it has invested heavily in developing its own proprietary technology; it maintains a clear-eyed strategic focus on its core strengths; and it keeps its eye on future trends and developments in both the marketplace and in technology.

2019 was a banner year for acquisition of new clients and portfolio growth of Orion’s existing client base. New clients included start-ups as well as established finance companies with seasoned portfolios.  “We see more finance companies considering outsourcing their portfolio servicing function,” continues Schaefer.  “They’re relying on us to manage their portfolio, mitigate risk, and continue to scale our operation as their new business originations continue to grow.”

Looking forward for Orion, 2020 is set to be a year of increased new business volume and continued investment in human resources and technology, which will position Orion to meet the needs of its growing clients and assure strong portfolio performance in future years.

About Orion First:
A leader in commercial finance, Orion has been in the loan, lease and contract management space since 2001. Its suite of services includes commercial loan and lease servicing, commercial collections, proprietary scoring and decisioning products, and backup servicing. By pairing effective technology with experienced professional staff, Orion positions itself as a savvy manager of risk, empowering clients to focus their entrepreneurial energy on their greatest value—funding small businesses.

www.orionfirst.com

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Leasing Industry Ads---Help Wanted
Opportunities for 2020

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GreatAmerica Completes 19th Term Securitization
$656.5 Million Privately Placed Bonds

(Cedar Rapids, IA) – GreatAmerica Financial Services Corporation completed its 19th term securitization of $656.4M in privately placed bonds with institutional investors. GreatAmerica uses proceeds from its securitizations to pay off debt in its warehouse and credit facilities to support continuous growth.

Orders topped out at $2.2B, reflecting an investor demand more than triple the amount offered. In a repeat of the last two years’ term securitizations, 93.4% of the bonds were rated AAA. Of the 32 investors participating, three were new purchasers of GreatAmerica bonds. Since 1995, GreatAmerica has issued nearly $7B in asset-backed securities.

GreatAmerica Chairman and Chief Executive Officer Tony Golobic, said, “It’s an honor to see continued and consistent interest in GreatAmerica receivables among institutional investors. This in turn helps us deliver consistent quality to our customers and help them be more successful.”

According to S&P Global Ratings presale report, “GreatAmerica is distinct from many other small-ticket leasing companies in that it has continued to grow its portfolio, even during downturns in the economic cycle…” The report also noted: “GreatAmerica has successfully serviced each of its 18 previous securitizations since 1995. The company is distinct from many other small-ticket equipment leasing companies because it benefits from long tenure and senior management continuity.”

About GreatAmerica
GreatAmerica is among the largest independent small ticket national commercial equipment finance companies in the U.S. and is dedicated to helping manufacturers, distributors, and dealers be more successful and keep their customers for a lifetime. A family-owned business, GreatAmerica was established in Cedar Rapids, Iowa in 1992 and today is organized into six divisions. It has a staff of over 600 employees with offices in Georgia and Minnesota. GreatAmerica also offers innovative non-financial business services to help their customers grow. www.greatamerica.com

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Research for Better Sales

Sales Makes it Happen by Scott Wheeler, CLFP

Top producers in the commercial equipment finance and leasing industry are well informed about the industries and equipment that they fund. Vendors and end-users want to engage with professionals who understand their business. One of the primary responsibilities of every originator is to gather and understand intelligence. Calling blindly into an industry usually produces little results, while engaging with an industry armed with knowledge produces exceptional results. Strong originators gather both positive and negative information to validate their true commitment.

Below are just a few suggestions:

• Talk directly to your clients. Two of my favorite questions to ask any vendor or end-user are:  What trends do you see affecting your business in the next year, three years, or five years? What are you doing to capitalize on these trends?
• Read industry periodicals and online reports directly related to the industries and specific niches that you are focused on.
• Stay abreast of the general economy. It is hard to imagine how any financial professional can be fully engaged in the commercial equipment finance and leasing industry without daily readership of the Wall Street Journal or Financial Times. Strong advisors understand how macro-economics impact their clients and their business.
• Connect with the industry. Association participation is essential to be a well-informed participant in the industry. Association participation allows professionals to share ideas, to help anticipate changes, and to mitigate challenges.
• Embrace the capital markets. By buying and selling assets participants receive "true" intelligence about how transactions are actually being funded and priced in the open market.

Strong originators are well connected and can opine on the state of the economy, the trends that are affecting their business, and what actions they are taking to capitalize on the current market.

Knowledge is Power 

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161
Email: scott@wheelerbusinessconsulting.com
Web: www.wheelerbusinessconsulting.com 

Sales Makes it Happen articles:
http://www.leasingnews.org/Legacy/index.html

 

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Tom McCurnin
Leasing News Advisor

Tom McCurnin

Tom McCurnin joined the Leasing News Advisory Board March 16, 2007. He is a retired banker and leasing lawyer. Prior he has written 800 articles for Leasing News and served as Legal News Editor. He has contributed to other media, including major newspapers as well as bank and law publications.

He is a musician, world traveler, as well as active in animal rescue, particularly Labrador Retrievers. His main hobbies are hiking, Wilderness Canoeing and Camping, Woodworking and Home Building, Historic Home Renovation, Muscle Car Restoration, Labrador Retriever Rescue Foundation.


Cell: (213) 268-8291
Email: tom.mccurnin@gmail.com

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Leasing News Web App
Download to your Android Mobile Device

Readers can access the latest edition of Leasing News on their Android mobile device by going to their browser and typing in www.leasingnews.org. A web app is available for Android smartphones that opens the news edition in Portrait style, versus a landscape (but can be read either way; however, designed for Portrait viewing).

To add the Android Web App, open www.leasingnews in your mobile device, go to this article, and click on the link below:
http://leasingnews.org/items/LeasingNews.apk

You can also ask us to email you the .apk to your mobile device and then follow the directions in the paragraph above.

Your mobile device has a download section, just as your computer has a download section. Find the .apk file and open it. It will automatically be placed with your other Web Aps. Adjust the size to fit your screen.

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

FDIC-Insured Institutions Reported Net Income
of $55.2 Billion in Fourth Quarter 2019

• Full–Year 2019 Net Income Declined 1.5 Percent to $233.1 Billion
• Quarterly Net Income Declined 6.9 Percent from Fourth Quarter 2018
• Net Interest Margin Declined from a Year Ago to 3.28 Percent
• Community Banks' Quarterly Net Income Improved 4.4 Percent from a Year Ago
• Total Loan and Lease Balances Grew from the Previous Quarter and a Year Ago
• The Number of Banks on the "Problem Bank List" Remained Low

FDIC Chairman Jelena McWilliams
"The banking industry reported strong results, despite declines in full–year and quarterly net income. In the current economic environment, the FDIC encourages banks to maintain careful underwriting standards and prudent risk management."
—
For the 5,177 commercial banks and savings institutions insured by the Federal Deposit Insurance Corporation (FDIC), aggregate net income totaled $55.2 billion in fourth quarter 2019, a decline of $4.1 billion (6.9 percent) from a year ago. The decline in net income was led by lower net interest income and higher expenses. Financial results for fourth quarter 2019 are included in the FDIC's latest Quarterly Banking Profile.
"The banking industry remains strong, despite declines in full-year and quarterly net income," McWilliams said. "Loan balances continue to rise, asset quality indicators are stable, and the number of 'problem banks' remains low. Community banks reported another positive quarter. Net income at community banks improved because of higher net operating revenue, and the annual loan growth rate at community banks exceeded the overall industry."
"During the second half of 2019, we saw three reductions in short-term interest rates and yield-curve inversions. These factors present challenges for banks' credit extension and funding. It is vital that banks maintain careful underwriting standards and prudent risk management in order to maintain lending through economic fluctuations."

Highlights from the Fourth Quarter 2019 Quarterly Banking Profile

Full-Year 2019 Net Income Declined 1.5 Percent to $233.1 Billion: The banking industry reported full-year 2019 net income of $233.1 billion, down $3.6 billion (1.5 percent) from 2018. The decline in net income was primarily due to slower growth in net interest income and higher loan-loss provisions. Lower noninterest income also contributed to the trend. The average return on assets declined from 1.35 percent in 2018 to 1.29 percent in 2019.

Quarterly Net Income Declined 6.9 Percent from Fourth Quarter 2018: The 5,177 FDIC-insured institutions reported aggregate net income of $55.2 billion in fourth quarter 2019, a decline of $4.1 billion (6.9 percent) from a year earlier. The quarterly decline in net income was led by lower net interest income coupled with higher noninterest expenses. The decline was broad-based, as nearly half (45.6 percent) of all institutions reported annual declines in net income. The share of unprofitable institutions remained stable from a year ago at 7.2 percent. The average return on assets ratio declined from 1.33 percent in fourth quarter 2018 to 1.20 percent in fourth quarter 2019.

Net Interest Margin Declined from a Year Ago to 3.28 Percent: The average net interest margin declined by 20 basis points from a year ago to 3.28 percent. Net interest income fell by $3.4 billion (2.4 percent) from a year ago. This was the first annual decline since third quarter 2013. Lower yields on earning assets drove the reduction in net interest income.

Community Banks' Quarterly Net Income Improved 4.4 Percent from a Year Ago: The 4,750 FDIC-insured community banks reported quarterly net income of $6.4 billion, up $270.3 million from a year ago. More than half of all community banks (53.9 percent) reported net income growth. Net interest income increased by 2.1 percent because of strong annual loan growth (up 5.5 percent). The average community bank net interest margin fell by 15 basis points to 3.62 percent.

Total Loan and Lease Balances Increased from the Previous Quarter and a Year Ago: Total loan and lease balances increased by $99.5 billion (1 percent) from the previous quarter.  Growth among major loan categories was led by consumer loans, which includes credit cards (up $31.3 billion, or 1.8 percent) and residential mortgage loans (up $22 billion, or 1 percent).  Over the past year, total loan and lease balances rose by 4.6 percent, slightly above the 4.5 percent annual growth rate reported last quarter.  Commercial and industrial loans registered the largest dollar increase from a year ago (up $131.9 billion, or 6.3 percent).

The Number of Banks on the "Problem Bank List" Remained Low: The number of problem banks fell from 55 to 51 during the fourth quarter, the lowest number of problem banks since fourth quarter 2006. Total assets of problem banks declined from $48.8 billion in the third quarter to $46.2 billion.

Asset Quality Indicators Remained Stable: The average noncurrent loan rate remained relatively stable from the previous quarter. Noncurrent balances declined for all major loan categories, except for credit card loans, which increased by $1.3 billion (10.3 percent). Net charge-offs rose by $1.3 billion (10.4 percent) from a year ago, and the average net charge-off rate rose by 4 basis points to 0.54 percent. Asset quality metrics for community banks remained relatively steady; the noncurrent rate fell by 3 basis points to 0.75 percent, and the net charge-off rate rose by 3 basis points to 0.18 percent.

The Deposit Insurance Fund's Reserve Ratio Stood at 1.41 Percent: The Deposit Insurance Fund (DIF) balance totaled $110.3 billion in the fourth quarter, up $1.4 billion from the end of last quarter. The quarterly increase was led by assessment income and interest earned on investment securities held by the DIF. The reserve ratio remained unchanged from the previous quarter at 1.41 percent.

Mergers and New Bank Openings Continued in the Fourth Quarter: During the fourth quarter, three new banks opened, 77 institutions were absorbed by mergers, and three banks failed.

ATTACHMENTS
Quarterly Banking Profile Home Page
Charts and Data
Chairman McWilliams’ Press Statement

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FDIC Seeks to Promote Innovation in Banking
to Meet Growing Consumer Demand

WASHINGTON – In its continuing effort to encourage technological innovation in the banking sector, the Federal Deposit Insurance Corporation's technology lab (FDiTech) is releasing a new guide to help financial technology companies and others partner with banks.

Conducting Business with Banks: A Guide for Third Parties is designed to help third parties understand the environment in which banks operate and navigate the requirements unique to banking. The Guide is an initial effort to address concerns that Chairman McWilliams has heard from banks and technology companies across the country related to challenges associated with on-boarding at institutions. FDiTech is working to develop additional tools and resources to increase opportunities for partnerships and eliminate unnecessary burdens and costs associated with third party risk management. In the meantime, Conducting Business with Banks should serve as a helpful guide to both banks and third parties.

"Partnerships with FinTechs are particularly important for community banks, which often cite cost and regulatory uncertainty as roadblocks to innovation. Leveraging new technology may provide additional opportunities for these institutions and their customers," said FDIC Chairman Jelena McWilliams. "The FDIC will continue to work with banks and FinTech to help them understand how they can effectively work together to serve our nation's depositors."

FDIC established FDiTech in 2019 to collaborate with community banks on how to deploy technology in delivery channels and back office operations to better serve customers. FDiTech is working to encourage innovation and partnerships at community banks through engagement, technical assistance, tech sprints, and pilot programs.

Conducting Business with Banks
A Guide for FinTechs and Third Parties
https://www.fdic.gov/fditech/guide.pdf

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Mixed Breed
Austin, Texas  Adopt a Dog

Duke

#43889492
Male
3 Years Old
DOB: 02/24/2017
51 lbs.
Color: Black/White
Location: Canine
Adoption Fee: $85

"I'm Duke, a handsome fellow hoping you'll come meet me soon! My black and white coat is awesome, but my beautiful spirit is even better. I'm eager to find my forever family so I can settle in to a life of comfort and security. In return, I have tons of love to give back. I think we should get together right away so we can get started as soon as possible, don't you? Come ask for Duke!"

Austin Humane Society
124 W. Anderson Lane
Austin, Texas 78752
(512) 646-7387
adoption@austinhumanesociety.org

Hours:
Monday - Saturday 12-7
Sunday 12-5

 

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With only 30 days to go, we encourage you to register for the 2020 NVLA Annual Conference. The Conference will take place at the Sheraton Austin Hotel in Austin, TX, March 25-27, 2020.

The Conference features plenty of networking opportunities as well as various educational sessions covering topics such as vehicle data access, calculating social media ROI, cybersecurity, arbitration, lease brokering, electric vehicle fleet leases and KPIs. The 2020 program also features three breakout sessions, divided between Thursday and Friday, focusing on the growing Lease Here Pay Here (LHPH) business model.

NVLA 2020 Check List:

Have you...

1. Registered?
2. Booked your hotel room? Discounted rates at the Sheraton Austin Hotel are guaranteed until March 4th!
3. Booked your travel arrangements?
4. Viewed the 2020 program?
5. Downloaded the 2020 NVLA Annual Conference App?

View Full Program
https://www.nvla.org/page/2020Program

 
Register Today
https://www.nvla.org/events/EventDetails.aspx?id=1263499
        
Book Hotel Room
https://www.marriott.com/event-reservations/reservation-link.mi?id=1555595199355&key=GRP&app=resvlink
        
Download App for Conference
https://whova.com/portal/nvlaa_202003/?source=download_email

News Briefs----

SF mayor London Breed declares state of emergency
    over coronavirus
https://www.sfchronicle.com/bayarea/article/SF-mayor-London-Breed-declares-state-of-emergency-15083811.php

Coronavirus: How to prepare for likely U.S. outbreak - Scary
Braced for U.S. spread, CDC recommends these steps to save lives
https://www.mercurynews.com/2020/02/25/coronavirus-how-to-prepare-for-likely-outbreak/

Element Reports Strong Fourth Quarter/ 2019 Results,
  Progress Ahead of Target, and 19th Capital Update
https://www.globenewswire.com/news-release/2020/02/25/1990520/0/en/Element-Reports-Strong-Fourth-Quarter-and-2019-Results-Continued-Transformation-Progress-Ahead-of-Target-and-19th-Capital-Update.html

HP launches huge stock buyback plan
    in effort to fend off Xerox
https://www.forbes.com/sites/rachelsandler/2020/02/24/hp-announces-stock-buybacks-in-attempt-to-stave-off-hostile-xerox-takeover/#40a9474e5e95

Amazon opens full-size grocery store with no cashiers
 in Seattle’s Capitol Hill neighborhood
https://nypost.com/2020/02/25/amazon-opens-full-size-grocery-store-with-no-cashiers/

Brexit will have soon cost the UK more than all its payments
   to the EU over the past 47 years put together
https://www.businessinsider.com/brexit-will-cost-uk-more-than-total-payments-to-eu-2020-1

NAFTA took another monthly hit in December
NAFTA’s monthly decrease marked the seventh decline in 2019
https://landline.media/nafta-took-another-monthly-hit-in-december/

Tesla driver was playing video game at time of fatal crash:
     NTSB Report
https://www.mercurynews.com/2020/02/25/tesla-driver-was-playing-video-game-at-time-of-fatal-crash-ntsb/

Boeing 737 Max Needs This Fix
  To Avoid Engine Failure, FAA Say
https://www.investors.com/news/boeing-737-max-faa-recommend-lining-fix-prevent-engine-failure/

Wine industry lenders Ranked by number of employees
   specializing in the wine industry serving the North Bay, CA
https://www.northbaybusinessjournal.com/lists-online?djoPage=view_html&djoPid=7208

Snowstorms will combine to dump heavy snow on US this week
  Storms Moves from the Midwest to the Northeast
https://www.cnn.com/2020/02/25/weather/snow-forecast-midwest-detroit-chicago-tuesday/index.html

New Jersey May Raise Cigarette Taxes
   to Highest Level in Nation: $4.35 per pack
https://www.nytimes.com/2020/02/25/nyregion/cigarette-tax-nj-budget.html

 

 

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You May Have Missed---

As Corona Virus Spreads, Stocks Fall Again
  and the White House Frets about a Black Swan
https://www.newyorker.com/news/our-columnists/as-coronavirus-spreads-stocks-fall-again-and-the-white-house-frets-about-a-black-swan

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   Catcher Sings the Blues

From the book
That Sweet Diamond

by Paul B. Janeczko, Carole Katchen (Illustrator)
 

Crouching low, I sing the blues

The aches are now a part of me

Blocking home, I sing the blues

0, the aches are now a part of me

Bruises, bumps, and scrapes

Have worn me down, can't you see?

 

My knees sing the blues

They sing 'em when I stoop and bend

My knees sing the blues

0, they sing 'em when I stoop and bend

They crunch, crackle, pop

The hurtful noises never end.

 

My fingers sing the blues

When I grip a ball or make a fist

0, my fingers sing the blues

When I grip a ball or make a fist

The knuckles moan and cry

By fire every one is kissed

 

Crouching low, I sing the blues

The aches are now a part of me

Blocking home, I sing the blues

0, these aches are now a part of me

Too many bruises, bumps, and scrapes

I'm nothing like I used to be.

 

No, nothing like I used to be

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‘Miracle on Ice’ spawned a patriotic myth that died
    when the red Trump hats came out
https://www.sacbee.com/opinion/article240597821.html

49ers face tough decision on re-signing Armstead
https://www.pressdemocrat.com/sports/10736134-181/49ers-face-tough-decision-on

Texans coach Bill O'Brien gives up play-calling duties
http://www.theredzone.org/Blog-Description/EntryId/80548/Texans-coach-Bill-O-Brien-gives-up-play-calling-duties

Patrick Marleau traded by Sharks to Pittsburgh Penguins
https://www.mercurynews.com/2020/02/24/report-patrick-marleau-traded-by-sharks-to-pittsburgh-penguins/

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California Nuts Briefs---

Feds order Anderson Reservoir to be drained due to earthquake risk
https://www.mercurynews.com/2020/02/24/breaking-feds-order-anderson-reservoir-to-be-drained-due-to-earthquake-risk/

Video shows what would happen if Anderson Dam failed
https://www.youtube.com/watch?v=wCRc8rVFheU

Trump promised more water to California farmers.
 But dry weather gets in the way
https://www.sacbee.com/news/california/water-and-drought/article240622677.html?

California Lottery officials shortchanged schools by millions,
   state audit says
https://www.sandiegouniontribune.com/news/california/story/2020-02-25/state-audit-california-lottery-scratchers-ellen-degeneres-show

Final toast: Longtime East Bay sports bar and restaurant to close
https://www.mercurynews.com/2020/02/25/final-toast-longtime-east-bay-sports-bar-and-restaurant-to-close/

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“Gimme that Wine”

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

Wine industry lenders Ranked by number of employees
   specializing in the wine industry serving the North Bay, CA.
https://www.northbaybusinessjournal.com/lists-online?djoPage=view_html&djoPid=7208

How to Buy Wine: Five Questions to Ask
https://www.nytimes.com/2020/02/24/dining/drinks/buying-wine.html?action=click&module=Editors%20Picks&pgtype=Homepage

Misconception That Riesling Doesn't Sell:
 Advocates at Anderson Valley Festival Say Riesling Wins Young Drinkers
https://www.winebusiness.com/news/?go=getArticle&dataId=226566

French winemakers say tariffs risk 100,000 jobs
https://www.decanter.com/wine-news/french-wine-tariffs-jobs-risk-432804/

2020 Winegrowing Season Begins in Sonoma County
https://www.winebusiness.com/news/?go=getArticle&dataId=226545

Mayacamas Releases 2018 Chardonnay and 2016 Merlot
https://www.winebusiness.com/newreleases/?go=getArticle&dataId=226508

More than 2,300 Corkscrews:
  An amazing 40 Year Collection Spanning Over 200 Years
https://www.winebusiness.com/news/?go=getArticle&dataId=226512

America's Most Prestigious Wine Futures Auction Raises $3.9 Million
https://www.winebusiness.com/news/?go=getArticle&dataId=226519

Free Wine App
https://www.nataliemaclean.com/mobileapp/

Wine Prices by vintage
http://www.winezap.com
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This Day in History

     1732 - Mass was celebrated for the first time at St Joseph's Church in Philadelphia, the only Roman Catholic church built and maintained in the American colonies before the Revolutionary War.
    1750 - Population estimated the number of white inhabitants of all the colonies to be 1,165,000, and blacks (who were mostly slaves) to be 260,000, distributed as follows: WHITE/BLACK: Massachusetts-207,000/3,000; New Hampshire-50,000/3,000; Connecticut-133,000/3,500; Rhode Island-35,000/4,500; New York-85,000/11,000; New Jersey-73,000/5,000; Pennsylvania and Delaware-195,000/11,000; Maryland-104,000/44,000; Virginia-168,000/116,000; North Carolina-70,000/20,000; South Carolina-40,000/40,000; Georgia-5,000/2,000. Since the English Revolution in 1688--a period of only sixty-six years--the growth of the colonies in population had been marvelous. New England had increased from 75,000 to 425,000; New York, from 20,000 to 85,000; New Jersey, Pennsylvania, Delaware and Maryland, from 47,000 to 372,000; Virginia, from 50,000 to 168,000; and the Carolinas and Georgia, from 8,000 to 135,000. The assertion of a letter of an "American Farmer" was almost literally true when he wrote: "We are all tillers of the earth from Nova Scotia to West Florida. We are a people of cultivation, scattered over an immense territory; communicating with each other by means of good roads and navigable rivers; united by the silken bands of mild government; all respecting the laws, without dreading their power because they are equitable."
    1829 - Bavarian immigrant Levi Strauss (d. 1902) was born in Buttenheim. His company, Levi Strauss & Company began in San Francisco in 1853.  He created the world's first pair of jeans—Levi's 501 jeans—for California's gold miners. They were made of sail canvas and rivets were used along with sail making thread. He dyed them blue to hide the marks from the riveting apparatus and to make them more attractive. The pants style is still popular today, but now in “designer” styles from full boot to slim leg and more.
    1846 - George C. Stebbins (d. 1945) was born in Orleans County, NY.  American Baptist music evangelist. A composer of over 1,500 songs during his lifetime, Stebbins is still remembered today for writing the melodies to such hymns as: "I've Found a Friend," "Take Time to Be Holy," "Have Thine Own Way, Lord" and "Jesus is Tenderly Calling Thee Home."
    1846 - William F. “Buffalo Bill” Cody’s (d. 1917) birthday at Scott County, Iowa. He claimed to have killed more than 4,000 buffaloes. Buffalo Bill started working at the age of eleven after his father's death and became a rider for the Pony express at age 14. During the Civil War, he served for the Union from 1863 to the end of the war in 1865. Later he served as a civilian scout to the US Army during the Indian Wars, receiving the Medal of Honor in 1872. Subject of many heroic Wild West yarns, Cody became successful as a showman taking his acts across the US and to Europe. 
    1848 – “The Communist Manifesto” was written by Karl Marx and Friederich Engels on the eve of the revolutions of 1848.
    1870 - The first pneumatic subway, invented by Alfred Ely Beach, known first as the Beach Pneumatic Underground Railway, was opened to the public in New York City. It consisted of a circular tube nine feet in diameter and the cars, which were well upholstered, carried 222 persons each way. They were propelled by a rotary blower that drove a blast of air through the tunnel against the rear of the car, carrying it along “like a sailboat before the wind.”
    1870 - Wyatt Outlaw, black leader of Union League in North Carolina, was lynched. Wyatt Outlaw, the Negro police officer who had fired upon the Klansmen at their first appearance in the county, was head of the Union League, an anti-Ku Klux Group in the County. His death had been determined by certain members of one of the Klan orders. A party of them rode into Graham, seized Outlaw in his home, and carried him to a tree in the courthouse square. There they hanged him, leaving on his breast the inscription: "Beware, ye guilty, both black and white.” Many blacks were killed by the Klan, and black homes and property burned/destroyed for the next sixty-five years, into the late 1920's.
http://www.wm.edu/~srnels/posnc/timeline.html
http://www.rootsweb.com/~ncalaman/centennial.html
http://www.ccharity.com/northcarolina/adjutantgenl.htm
    1873 - The American bison, also called the buffalo, was almost extinct, even though at the start of the nine­teenth century estimates placed the North American bison population as high as 60,000,000. Bison were essential to the way of life of the Indians of the Great Plains, who depended on them for food, clothing, and shelter. The symbiotic relationship of the Indians and the bison threatened neither group. However, with the coming of the railroad, professional buffalo hunters, and the settlement of the West, the situation changed. Bison were slaughtered far beyond any need for food or hides. Although in 1865 about 10,000,000 bison still roamed the plains, by 1890 only 1000 or so were left.  Recovery efforts expanded in the mid-20th century, with a resurgence to roughly 31,000 animals today, largely restricted to a few national parks and reserves.
    1882 – Husband E. Kimmel (d. 1968) was born in Henderson, KY.  A four-star Admiral in the US Navy and Commander-in-Chief of the Pacific Fleet at the time of the Japanese attack on Pearl Harbor, Kimmel was relieved of his command ten days after the attack and he was reduced to the two-star rank of Rear Admiral.  The base for the fleet had been moved from its traditional home at San Diego to Pearl Harbor in May, 1940. On February 18, 1941, Kimmel wrote to the Chief of Naval Operations:  “I feel that a surprise attack (submarine, air, or combined) on Pearl Harbor is a possibility, and we are taking immediate practical steps to minimize the damage inflicted and to ensure that the attacking force will pay.”  The Roberts Commission appointed by President Roosevelt to investigate the attack, determined that Kimmel and his counterpart, Army Lt. Gen. Walter Short, were guilty of errors of judgment and dereliction of duty in the events leading up to the attack. Kimmel defended his decisions at several hearings, testifying that important information had not been made available to him.  Subsequent exhaustive writings about the near-attack events seem to support him.
    1885 - Birthday of Lavinia Lloyd Dock (d. 1956) in Harrisburg, PA.  Nurse, settlement house worker, suffragist, she trained as a nurse at Bellevue Hospital, the first American school to follow Florence Nightingale's principles of patient care and nurse self-reliance. Dock nursed during a yellow fever epidemic in Jacksonville, FL, and at the Johnstown, PA flood. She wrote “Materia Medical for Nurses” (1890), the standard nursing text for a generation. Moved to the Henry Street Settlement house Lillian Wald had created, she became a member of Wald's inner circle, and lived there for 20 years. She also wrote “A History of Nursing” (1907) with Adelaide Nutting which explored the glorious historical past of women's involvement in nursing, until men took over to bring "general contempt" to nurses and "misery" to patients, until Florence Nightingale came to the rescue." She had to move out of the Henry Street Settlement because of her actions - including arrests - in connection with the radical American Woman's movement.
    1887 - Grover Cleveland “Pete” Alexander (d. 1950), Baseball Hall of Fame pitcher, was born at Elba, NE. Suffering from epilepsy, haunted by his experiences in combat during World War I, and shadowed by alcoholism, Alexander was still able to win 373 games during a 20-year career, the third highest total in Major League history, pitching for 20 years with the Philadelphia Phillies, Chicago Cubs and the St. Louis Cardinals. He won 30 or more games three times and won the National League earned run average title five times. In Game Seven of the 1926 World Series with St. Louis ahead, 3-2, he staggered in from the bullpen to strike out the New York Yankees' Tony Lazzeri with the bases loaded and held New York at bay for the last two innings. Alexander pitched complete game victories in Games 2 and 6 and according to teammate Bob O’Farrell in “The Glory of Their Times,” after the game six victory, Alexander got drunk that night and was still feeling the effects when he was sent out to pitch the next day in Game 7.  Ronald Reagan played Alexander in the moving, “The Winning Team.” Inducted into the Hall of Fame in 1938.
    1887 – William Frawley (d. 1966) was born in Burlington, IA.  Although Frawley appeared in over 100 films, he is best known for his television work, playing landlord Fred Mertz in the long-running “I Love Lucy” and Bub in “My Three Sons.”
    1893 – Wallace Fard Muhammad (d. 1934) was born.  There is considerable doubt as to this date and the location of the birth for the founder of the Nation of Islam. He arrived in Detroit in 1930 with an obscure background and several aliases, where he taught a distinctive form of Islam to members of the city's African-American population. He disappeared in 1934. 
    1894 – Major League Baseball introduced rule changes that made foul bunts strikes, and the infield fly rule is instituted.  The infield fly rule dictates that with the bases loaded or runners on first and second bases, and there are fewer than two outs, if the batter hits a pop-up that in the judgment of the umpire can be caught by an infielder, the batter is automatically out and the runners advance at their own risk.
    1905 - Violinist/producer/composer Bill Russell (d. 1992) was born, Canton, MO.
http://www.hnoc.org/russell.htm
http://www.delmark.com/delmark.214.htm
http://www.allaboutjazz.com/reviews/r0401_051.htm
    1907 - The United States Congress raised their pay to $7500, for both House and Senate members. The Cabinet members and the Vice President earned twelve thousand. At that time, the Vice President was paid enough to buy half a dozen houses. The richest man in the world, John D. Rockefeller's oil fortune was, at that time, worth no more than $300 million.
    1910 - Parts of Washington State were in the midst of a storm which produced 129 inches of snow at Laconia between the 24th and the 26th, a single storm record for the state. A series of storms, which began on the 23rd, led to a deadly avalanche on the first of March. By late on the 28th, the snow had changed to rain, setting the stage for disaster.
    1916 - American musician, comedian and actor, John Herbert "Jackie" Gleason (d. 1987) was born at Brooklyn, NY. Best known for his role as Ralph Kramden in the long-running television series "The Honeymooners," he also developed “The Jackie Gleason Show.”  Gleason's big break occurred in 1949, when he landed the role of blunt but softhearted aircraft worker Chester A. Riley for “The Life of Riley.”  He was hired to host DuMont's “Cavalcade of Stars” variety hour in 1950.  Renamed “The Jackie Gleason Show,” the program became the country's second highest-rated television show during the 1954–55 season. By far, Gleason's most popular character was blustery bus driver, Ralph Kramden. Largely drawn from Gleason's harsh Brooklyn childhood, these sketches became known as “The Honeymooners.” The show was based on Ralph's many get-rich-quick schemes, his ambition, antics with his best friend and neighbor, scatterbrained sewer worker Ed Norton (played by Art Carney), and clashes with sensible wife Alice (Audrey Meadows), who typically pulled Ralph's head down from the clouds. Throughout the 1950s and 1960s, Gleason also enjoyed a secondary music career, lending his name to a series of best-selling "mood music" albums with for Capitol Records. Among his notable film roles were Minnesota Fats in the Academy Award-winning 1961 drama “The Hustler” (co-starring with Paul Newman), and Buford T. Justice in the “Smokey and the Bandit” series from 1977 into the early 1980s, in which he co-starred with Burt Reynolds.
    1917 - First jazz record of history: Original Dixieland Jazz Band cuts “Livery Stable Blues,” “One Step,” NYC.
    1919 - Grand Canyon National Park was established by an act of Congress.  An immense gorge cut through the high plateaus of northwest Arizona by the raging Colorado River and covering 1,218,375 acres, Grand Canyon National Park is considered one of the most spectacular natural phenomena in the world.
    1919 - The Lafayette National Park was established, later renamed in 1929, the Acadia National Park, the largest east of the Mississippi.
http://memory.loc.gov/ammem/today/feb26.html
    1920 – Tony Randall was born Leonard Rosenberg 9D. 2004) in Tulsa, OK.  In a career that spanned five decades in film, stage and television, he is best remembered as Felix Unger in the long-running series, “The Odd Couple.”  He also founded the National Action Theater, dedicated to performing the classics of theater.
    1921 - Birthday of Betty Hutton (d. 2007), born Elizabeth June Thornburg in Battle Creek, MI.  Brash actor/singer best known for her role in the movie “Annie Get Your Gun” (1950).
    1926 - First Black middle-weight boxing champion, Theodore "Georgia Deacon" Flowers (1895-1927), defeated Harry Greb in New York. Also known as “Tiger” Flowers.
http://www.cyberboxingzone.com/boxing/flowers.htm
http://www.aaregistry.com/detail.php3?id=1457
    1929 - Antoine (Fats) Domino (d. 2017) was born in New Orleans.  He is the biggest-selling '50s rock 'n' roll artist, with the exception of Elvis Presley. The New Orleans R&B pianist has sold more than 65-million records. By the time he joined trumpeter Dave Bartholomew's band in the 1940's, he had already mastered the classic New Orleans piano style of such performers as Professor Longhair and Amos Milburn. In 1949, Fats Domino had his first million-seller, "The Fat Man." But it wasn't until 1955, with "Ain't That a Shame," (#10) that he attracted the white record-buying public. Domino eventually collected 23 gold singles, for such hits as "I'm In Love Again" (#3), "Blueberry Hill" (#2), "When My Dreamboat Comes Home" (Pop No. 14), "Valley of Tears" (Pop No. 8), "It's You I Love" (Pop No. 6), "Whole Lotta Loving" (Pop No. 6), "I Want to Walk You Home" (Pop No. 8),  "Be My Guest" (Pop No. 8) and "I'm Walkin'" (Pop No. 4).  When Hurricane Katrina was approaching New Orleans in August, 2005, Domino chose to stay at home with his family, partly because of his wife Rosemary's poor health. His house was in an area that was heavily flooded.   The Domino family was then taken to a shelter, after which they were picked up by JaMarcus Russell, the starting quarterback of the LSU football team, and Fats' granddaughter's boyfriend. He let the Dominos stay in his apartment. "We've lost everything," Domino said.  By January 2006, work to gut and repair Domino's home and office had begun. In the meantime, the Domino family resided in Harvey, LA.  President George W. Bush made a personal visit and replaced the National Medal of Arts that President Bill Clinton had previously awarded Domino. The gold records were replaced by the RIAA and Capitol Records.  In 2004, Rolling Stone ranked him No. 25 on their list of the "100 Greatest Artists of All Time."  This was a true legend of music.
http://www.history-of-rock.com/domino.htm
http://www.fortunecity.com/tinpan/costello/472/fatsbio.html
http://covers.wiw.org/artist.php/1357
http://www.yesterdayland.com/popopedia/shows/music/mu1257.php
http://www.hoyhoy.com/fats.htm 
http://www.rockhall.com/hof/inductee.asp?id=91
    1930 - Seven years after Garrett A. Morgan invented traffic lights, the first red and green signal lights were installed on New York 's Manhattan street corners.
    1932 - Country singer Johnny Cash (d. 2003) was born in Kingsdale, Arkansas. In 1954, Cash met guitar player Luther Perkins and bass player Marshall Grant. As Johnny Cash and the Tennessee Two, they sold a million copies of "I Walk the Line" on the Sun label in 1956. Cash signed with Columbia in 1958, and two years later, drummer W.S. Holland was added to make the Tennessee Three. Cash's string of hits for Columbia have included "Ring of Fire," "A Boy Named Sue" and "Folsom Prison Blues." Johnny Cash's records have always been on the border of rock, and have often crossed over to the pop charts. The marching bass lines, which characterize many of Cash's songs, influenced the work of Waylon Jennings and others in the outlaw country movement of the 1970's. In 1994, Cash's career was revived with the release of "American Recordings," an album of just the singer and his guitar. It was embraced by everyone from traditional country fans to alternative rockers.
http://www.johnnycash.com/
    1934 - Federal Communications Commission was created at the order of President Franklin D. Roosevelt, to oversee communication by radio, wire or cable. TV and satellite communication later became part of its charge.
    1935 – A 40-year old Babe Ruth signed a three–year contract with the Boston Braves after being released by the New York Yankees. He played in only 28 games before retiring June 2.  Ruth's new contract with the Braves also gives him a share of the team's profits. Ruth hit the final three home runs of his major league career on May 25 against the Pittsburgh Pirates, giving him a total of 714. His last home run became the first to clear the right field grandstand at Forbes Field and traveled an estimated 600 feet.
    1936 - Wallace “Buddy” Werner (d. 1964), skier, was born at Steamboat Springs, CO. Werner skied on three US Olympic teams and was the first American to break into the sport's top rank by winning important races in Europe. While filming a ski movie, he was overtaken by an avalanche that he attempted to outrace and died at St. Moritz, Switzerland, April 13, 1964.
    1937 - Canadian composer, arranger and vibraphonist Hagood Hardy (d. 1997) was born in Angola, Indiana. He grew up in Oakville, Ontario and from 1957 to 1961, while studying at the University of Toronto, he had his own jazz group. From 1961 to '67, he performed in the US with such musicians as Gigi Gryce, Herbie Mann, Martin Denny and George Shearing. Hardy returned to Canada in the late '60s, becoming a leading composer of radio and TV jingles. In 1975, his single "The Homecoming," written three years earlier as a Salada Tea commercial, became an international hit. The song won Hardy Juno Awards as best composer and best instrumentalist, and Billboard magazine named him instrumentalist of the year. http://www.canoe.ca/JamMusicPopEncycloPagesH/hardy.html
http://www.channelproductions.com/tribute.htm
    1942 - The Academy Awards were presented for movies that were shown in theatres during 1941. "How Green Was My Valley" won the award for Best Picture. The star of "Sergeant York," Gary Cooper, took home the Oscar for Best Actor and the Best Actress statue was presented to Joan Fontaine for her performance in "Suspicion." "How Green Was My Valley" garnered Oscars for Best Supporting Actor, Donald Crisp and Best Director, John Ford. Mary Astor was voted Best Supporting Actress for her role in "The Great Lie."
http://www.infoplease.com/ipa/A0148172.html
    1943 - Guitarist/harmonica player Bob “the Bear” Hite (d. 1981) was born
Torrance, CA.  Canned Heat lead singer.
http://tinpan.fortunecity.com/ebony/546/chbath.html
http://theoinquirer.com/index-648.html
http://www.putnampit.com/blues.html
http://starbulletin.com/2001/08/31/features/story7.html
http://www.drfeelgood.de/c_heat/ch_songs.htm
http://www.drfeelgood.de/c_heat/
http://www.borderlinebooks.com/us6070s/c1z.html
    1944 - Sue Sophia Dauser, superintendent of the US Navy's Nurse Corp, was the first woman to receive the rank of Captain. On December 14, 1945, she became the first Navy nurse to receive the Distinguished Service Medal.
    1945 - Top Hits
“Accentuate the Positive” - Bing Crosby & The Andrews Sisters
“I Dream of You” - The Tommy Dorsey Orchestra (vocal: Freddy Stewart)
“Don't Fence Me In” - Bing Crosby & The Andrews Sisters
“I'm Losing My Mind Over You” - Al Dexter
    1945 - Woody Herman cuts “Caledonia.”
    1945 – Mitch Ryder was born William S. Levise, Jr. in Hamtramck, MI.  He and The Detroit Wheels had limited success until they met songwriter/record producer Bob Crewe.  They recorded several hits in the mid to late 1960s, most notably "Devil with a Blue Dress On,” their highest-charting single at number 4, as well as "Sock It to Me-Baby!," a number 6 hit in 1967, and "Jenny Take a Ride!," which reached number 10 in 1965.

    1951 - James Jones' novel, “From Here to Eternity,” was published in New York by Scribners.  It was Jones’ debut novel, based upon his own experience in the pre-World War II Hawaiian Division’s 27th Infantry and the unit in which he served, Company E ("The Boxing Company").  It won the National Book Award and was named one of the 100 Best Novels of the 20th century by the Modern Library Board.  The book was later made into an Academy Award-winning film starring Burt Lancaster, Montgomery Clift and Frank Sinatra, as well as two television adaptations and a stage musical.
http://www.amazon.com/exec/obidos/ASIN/0385333641/inktomi-bkasin-20/
102-1682336-8966565
    1951 - INGMAN, EINAR H., JR., Medal of Honor
Rank and organization: Sergeant (then Cpl.), U.S. Army, Company E, 17th Infantry Regiment, 7th Infantry Division. Place and date: Near Maltari, Korea, 26 February 1951. Entered service at: Tomahawk, Wis. Born: 6 October 1929, Milwaukee, Wis. G.O. No.: 68, 2 August 1951. Citation: Sgt. Ingman, a member of Company E, distinguished himself by conspicuous gallantry and intrepidity above and beyond the call of duty in action against the enemy. The 2 leading squads of the assault platoon of his company, while attacking a strongly fortified ridge held by the enemy, were pinned down by withering fire and both squad leaders and several men were wounded. Cpl. Ingman assumed command, reorganized and combined the 2 squads, then moved from 1 position to another, designating fields of fire and giving advice and encouragement to the men. Locating an enemy machine gun position that was raking his men with devastating fire he charged it alone, threw a grenade into the position, and killed the remaining crew with rifle fire. Another enemy machine gun opened fire approximately 15 yards away and inflicted additional casualties to the group and stopped the attack. When Cpl. Ingman charged the second position he was hit by grenade fragments and a hail of fire which seriously wounded him about the face and neck and knocked him to the ground. With incredible courage and stamina, he arose instantly and, using only his rifle, killed the entire gun crew before falling unconscious from his wounds. As a result of the singular action by Cpl. Ingman the defense of the enemy was broken, his squad secured its objective, and more than 100 hostile troops abandoned their weapons and fled in disorganized retreat. Cpl. Ingman's indomitable courage, extraordinary heroism, and superb leadership reflect the highest credit on himself and are in keeping with the esteemed traditions of the infantry and the U.S. Army.
    1953 - Top Hits
“Don't Let the Stars Get in Your Eyes” - Perry Como
“Till I Waltz Again with You” - Teresa Brewer
“Keep It a Secret” - Jo Stafford
“Kaw-Liga” - Hank Williams
    1954 - Singer/songwriter Michael Bolton was born Michael Bolotin in New Haven, Conn.
    1955 - R&B singer LaVern Baker appeals to the United States Congress in a letter to Michigan Representative Charles Digges Jr., to revise the Copyright Act of 1909. She says that recording artists should be protected against "note-for-note copying" by white artists and arrangers of already recorded R&B tunes and arrangements. Her request was denied.
    1955 - Billboard reports for the first time since their introduction in 1949, 45 rpm discs are outselling the old standard 78. Another change in the industry is also noted. On some New York City jukeboxes, it now costs ten cents instead of five cents to play a record.
    1956 - Buddy Holly's first recording session for Decca is held in Nashville.  Holly's recording sessions at Decca were produced by Owen Bradley. Holly was unhappy with Bradley's restrictions and the results of their work, and went to producer Norman Petty where, among other songs, they recorded a demo of "That’ll Be the Day." Holly was still under contract with Decca and could not use his name.  It was decided a band name was to be used. Bandmate Jerry Allison proposed the name "Crickets."  Petty became the band's manager and he sent the demo to Brunswick Records, which released it as a single credited to "The Crickets." In September 1957, as the band toured, "That'll Be the Day" topped the “Best Sellers in Stores” chart and the UK Singles chart. Its success was followed in October by another major hit, "Peggy Sue." 

    1960 - David Jenkins of the US won the gold medal men's figure skiing at the VIII Winter Olympics at Squaw Valley, Ca.
    1961 - No. 1 Billboard Pop Hit: “Pony Time,'' Chubby Checker. A version of the song by the Goodtimers entered the chart the same week as Checker's version, but only reached No. 60.
    1961 - Top Hits
“Pony Time” - Chubby Checker
“There's a Moon Out Tonight” - The Capris
“Surrender” - Elvis Presley
“North to Alaska” - Johnny Horton
    1962 - In New York City , the Best Play award winner of 1962, "Oh Dad, Poor Dad, Mama's Hung You in the Closet and I'm Feeling So Sad" opened for 454 performances.
    1965 - Nineteen year-old Jimmie Lee Jackson was killed by state troopers at a voting rights demonstration in Marion, Alabama. As a result, the Selma-to-Montgomery march was organized and took place a month later when Dr. King led 20,000 marchers 50 miles east from the Edmund Pettus Bridge in Selma to the state capitol in Montgomery. Five months later, President Johnson signed the Voting Rights Act, and by year's end, more than 250,000 new black voters were registered
http://www.spartacus.schoolnet.co.uk/USACjacksonJL.htm
http://www.watson.org/~lisa/blackhistory/civilrights-55-65/selma.html
    1966 - The Beatles' LP "Rubber Soul" rose to #1 on the Billboard Hot 200 chart, becoming the group's seventh US album chart topper. Paul McCartney conceived the album's title after overhearing someone's description of Mick Jagger's singing style as "plastic soul." To date, the album has sold over six million copies in America.
    1966 - The Rolling Stones released "19th Nervous Breakdown."   It reached number 2 on the US charts and was their fifth consecutive UK number one.
    1966 - Nancy Sinatra's "These Boots Are Made for Walkin'" hits #1.
    1967 - YABES, MAXIMO, Medal of Honor
Rank and organization: First Sergeant, U.S. Army, Company A, 4th Battalion, 9th Infantry, 25th Infantry Division. Place and date: Near Phu Hoa Dong, Republic of Vietnam, 26 February 1967. Entered service at: Eugene, Oregon. Born: 29 January 1932, Lodi, Calif. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. 1st Sgt. Yabes distinguished himself with Company A, which was providing security for a land clearing operation. Early in the morning the company suddenly came under intense automatic weapons and mortar fire followed by a battalion sized assault from 3 sides. Penetrating the defensive perimeter the enemy advanced on the company command post bunker. The command post received increasingly heavy fire and was in danger of being overwhelmed. When several enemy grenades landed within the command post, 1st Sgt. Yabes shouted a warning and used his body as a shield to protect others in the bunker. Although painfully wounded by numerous grenade fragments, and despite the vicious enemy fire on the bunker, he remained there to provide covering fire and enable the others in the command group to relocate. When the command group had reached a new position, 1st Sgt. Yabes moved through a withering hail of enemy fire to another bunker 50 meters away. There he secured a grenade launcher from a fallen comrade and fired point blank into the attacking Viet Cong stopping further penetration of the perimeter. Noting 2 wounded men helpless in the fire swept area, he moved them to a safer position where they could be given medical treatment. He resumed his accurate and effective fire killing several enemy soldiers and forcing others to withdraw from the vicinity of the command post. As the battle continued, he observed an enemy machinegun within the perimeter which threatened the whole position. On his own, he dashed across the exposed area, assaulted the machinegun, killed the crew, destroyed the weapon, and fell mortally wounded. 1st Sgt. Yabes' valiant and selfless actions saved the lives of many of his fellow soldiers and inspired his comrades to effectively repel the enemy assault. His indomitable fighting spirit, extraordinary courage and intrepidity at the cost of his life are in the highest military traditions and reflect great credit upon himself and the Armed Forces of his country.
    1967 - Having spent so much time in the saddle, Elvis delays an already-postponed trip to Hollywood to begin filming what will be his twenty-fifth film, “Clambake.” Barbara Little, girlfriend of Memphis Mafioso George Klein, suggests calling her doctor, George Nichopoulos, to help with the singer's saddle sores. Thus begins a professional acquaintance that would last until Elvis' death.  In 1980, ‘Dr. Nick’ was indicted on 14 counts of overprescribing drugs to Elvis, Jerry Lee Lewis and twelve other patients. The district attorney ruled out murder charges because of the conflicting medical opinions about the cause of Presley's death. In 1977 alone, the year Elvis died, Nichopoulos had prescribed over 10,000 doses of amphetamines, barbiturates, narcotics, Tranquilizers, sleeping pills, laxatives, and hormones for Presley. Nichopoulos claimed he had tried in vain to reduce Elvis' dependency, even going so far as to manufacture one thousand placebos for Elvis, but to no avail. The jury concluded that he had tried to act in the best interests of his patients. He was acquitted on all counts.
    1969 - Top Hits
“Everyday People” - Sly & The Family Stone
“Build Me Up Buttercup” - The Foundations
“Can I Change My Mind” - Tyrone Davis
“Until My Dreams Come True” - Jack Greene
    1969 - The "100-hour snowstorm" was in full swing across the Boston area and the rest of New England as well. By the time snow ended on the 28th, Boston recorded 26.3 inches of new snow. Pinkham Notch, New Hampshire was buried under an incredible 77 inches and Long Falls Dam, Maine reported 56 inches. Both Portsmouth, New Hampshire and Portland, Maine set new single storm snowfall records with 33.8 inches and 26.9 inches, respectively. Rockport, Massachusetts measured an impressive 39 inches.
    1969 – The Red Sox’ Carl Yastrzemski became the highest paid player in AL history when he signed a one-year deal for $130,000.  He led the AL in batting in 1968 with a .301 average.  This title-winning low average and the stunning ERA of 1.12 by Bob Gibson in the NL led MLB to lower the mound to its present height to bring some offense back into the game.
    1972 - Harry Nilsson began week #2 at number one with "Without You," a love song that spent four weeks at the top spot.
    1972 - The "Buffalo Creek Disaster" occurred in the Buffalo Creek Hollow of Logan County in West Virginia. A coal slag dam on the middle fork of Buffalo Creek burst sending a 50-foot wall of water down a narrow valley killing 125 people and causing $51 million damage. 3 days of rain atop 6 inches of snow cover prompted the dam break.
    1972 - Joe Tex's funk record "I Gotcha" enters the Billboard Pop chart and begins its climb to #2. Much the success of the song is rumored to be Tex's slurred delivery of the line "Told you not to play with my affection," which caused many listeners to mistake the last word for one that rhymes with it.
    1973 – Pro Football Hall of Famer and golfer, Marshall Faulk, born New Orleans, LA.
    1975 - No. 1 Billboard Pop Hit:  “Best of My Love,'' Eagles. The song is the group's first No. 1 hit.
    1977 - Top Hits
“New Kid in Town” - Eagles
“Love Theme from ‘A Star is Born’" (Evergreen) - Barbra Streisand
“Fly like an Eagle” - Steve Miller
“Say You'll Stay Until Tomorrow” - Tom Jones
    1979 - The sitcom, "Flatbush," first aired on CBS-TV, featuring the exploits of five recent high-school graduates living in a middle-class, Italian neighborhood in Brooklyn's Flatbush section. Joseph Cali starred as Presto Prestopopulos, a taxi driver and one of five street youths calling themselves the Flatbush Fungos.  The gang also included Adrian Zmed as Socks Palmero, a clothing store employee; Sandy Helberg as Figgy Figueroa, a grocery deliveryman; Randy Stumpf as Joey Dee, a plumber's assistant; and Vincent Bufano as Turtle Romero, a restaurant worker. Also featured were Helen Verbit as Mrs. Fortunato, the neighborhood busybody; and Anthony Ponzini as Esposito, a pool hall owner. The ethnic stereotypes the show portrayed offended Brooklyn's Borough president, who demanded the series be taken off the air before it gave Brooklyn a bad name. CBS cancelled the show after 3 episodes.
    1983 - Charley Pride's "Why Baby Why," written by George Jones and Darrell Edwards, topped the country music charts. Jones found national fame in the United States with his own version of the song in 1955.
    1983 - Michael Jackson's "Thriller" hit #1 in the U.S. The album spent a total of 37 weeks at number one. The tracks: "Wanna Be Startin' Somethin'," "Baby Be Mine," "The Girl is Mine" (w/Paul McCartney), "Thriller," "Beat It," "Billie Jean,", "Human Nature," "P.Y.T. (Pretty Young Thing)," "The Lady in My Life." To date (2018), “Thriller” has sold 66 million copies worldwide, making it, by far, the best-selling album ever released by between 15 and 30 million copies. Some estimates report Thriller's total sales over 100 million, though this refers to total records from the album (combining album sales, single sales and video sales).
    1984 - The last United States Marines in the multinational peacekeeping force in Lebanon left Beirut.
    1985 - Top Hits
“Careless Whisper” - Wham! featuring George Michael
“Loverboy” - Billy Ocean
“Can't Fight This Feeling” - REO Speedwagon
“Baby's Got Her Blue Jeans On” - Mel McDaniel
    1985 - "The Grammy Awards" became the seventh highest-rated television music show of the 1980s when a 23.8 share of the viewers watched. The Best Pop Vocal Performance by a Male award was given to Phil Collins for, "Against All Odds (Take a Look at Me Now);" Best New Artist for 1984 went to Cindi Lauper, and Best Album of the year award went to Lionel Richie for "Can't Slow Down." Tina Turner was a big winner, taking Best Song, Best Record and Best Pop Vocal Performance by a Female for "What's Love Got to Do with It."  Chuck Berry is the recipient of the annual Lifetime Achievement Award.
    1986 - Robert Penn Warren, the first official poet laureate of the United States, was so named by the Library of Congress and great historian, Daniel J. Boorstin. Warren was born in Guthrie, KY, in 1905 and won three Pulitzer Prizes, two for volumes of Poetry, and one for his 1946 novel, “All the King's Men.”
    1987 - The Tower Commission report on the Iran-Contra affair was critical of Pres. Reagan for failing to understand or control the secret attempt to trade arms to Iran for the release of American hostages being held in Lebanon and divert profits from the sale to the Nicaraguan Contras. The commission appointed by the President in Nov. 1986, said Reagan must take responsibility for the policy, which ended in “chaos” and caused the U.S. much embarrassment abroad. Blame was placed also on Donald T. Regan, the White House chief of staff, whom the president replaced with former Senator Howard H. Baker, Jr. on February 27. It also faulted former National Security Advisor Robert McFarlane and his successor, Admiral John Poindexter, and CIA Director William Casey. Casey had resigned on 2 February for health reasons; McFarlane attempted suicide on 9 February; and Regan resigned 27 February. In a television address on March 4, the president said he took “full responsibility,” but he did not admit that the plan for dealing with Iran was basically wrong.
    1988 - Eight cities in the central and western U.S. reported new record high temperatures for the date, including Lamoni, IA with a reading of 67 degrees. Temperatures in North Dakota were as warm as those in Florida.
    1989 - An upper level weather disturbance brought snow to parts of the central U.S. which just one day earlier were enjoying temperatures in the 60s. Snowfall totals in Missouri ranged up to nine inches at Rolla.
    1990 - Unseasonably cold weather followed in the wake of the winter storm in the northeastern U.S. Ten cities reported record low temperatures for the date, including Syracuse, NY with a reading of 10 degrees below zero. Freezing temperatures in southeastern Virginia caused considerable damage to plants and fruit trees. The barometric pressure reading of 30.88 inches at Wilmington, NC was February record for that location.
    1991 - "Rockline on MTV" premiered with host, Martha Quinn, giving viewers a chance to talk to the stars. The first guest was MC Hammer.
    1991 - Tim Berners-Lee introduces the Web browser.  He presented an early version of a Web browser to a work group at CERN, the European Particle Physics Laboratory in Geneva, Switzerland. He conceived the Web as a way for physicists at different universities around the world to instantaneously share information. Throughout the next year, he modified the architecture, released early Web browsers on the Internet, and solicited feedback and input from Internet programmers. By late 1991 and early 1992, the Web was widely discussed, and in early 1993, when Marc Andreessen released his Mosaic browser (Netscape's precursor), the Web rapidly became a popular communications medium.
    1991 – Bill Veeck and Tony Lazzeri were elected to the Baseball hall of Fame. 
    1993 - World Trade Center Bombing.  A 1,210-lb bomb packed in a van exploded in the underground parking garage of the World Trade Center in New York City, killing six people and injuring more than 1,000 (mostly from smoke inhalation). The powerful blast left a crater 200 feet wide and several stories deep. The cost for damage to the building and disruption of business for the 350 companies with offices in the Center exceeded more than $591 million. Fifteen people--the fundamentalist Moslem cleric Sheik Omar Abdul Rahman and fourteen of his followers--were indicted for the bombing. Rahman was given a life sentence and the others received prison terms of up to 240 years each. This is considered the first bombing of the United States by foreign terrorists.
    1997 - Celine Dion won two Grammy Awards for "Falling into You" - album of the year and best pop album. At the time, "Falling into You" had sold more than 21 million copies worldwide.
    2002 – The Bee Gees played what is to be their final concert, performing at Miami Beach's Love and Hope Ball, a benefit for the Diabetes Research Institute Foundation.
    2002 - John Fogerty, Elton John, The Eagles, Stevie Nicks, and Billy Joel, among others, perform at the multi-venue Los Angeles charity benefit Four Concerts for Artists' Rights, proceeds of which benefit a labor-friendly musicians' organization called the Recording Artists Coalition.
    2004 - With hundreds of on-lookers, including a man covered in ivy, singing “Take Me Out to the Ballgame,” the foul ball made famous by Steve Bartman in the 2003 NL Championship Series was blown up at Harry Caray’s restaurant in Chicago. The infamous ball's demise is executed by Michael Lantieri, a Cubs die-hard fan and Oscar Award winner who has worked on similar special effects in the films Jurassic Park and Back to the Future.
    2009 - A 10-minute version of The Beatles' "Revolution 1" leaked onto the internet, giving fans a never-before-heard listen of what the White Album sessions must have been like. Only two copies of the take were made when the song was completed on June 4th, 1968. One copy left the studio with Lennon that day and the other remained behind. It is unclear which copy appears on the bootleg, nor how anyone acquired it.
    2012 – Unarmed 17-year-old Trayvon Martin, was returning to his father’s townhome in Sanford, FL when he was shot and killed by armed neighborhood watch captain George Zimmerman.  Charges were initially not forthcoming, owing to Florida’s “Strand Your Ground” statute, and the mishandling of the case unleashed racial violence across the US.  Zimmerman was eventually charged, tried and was found not guilty.
    2013 - Representatives from the U.S., China, Germany, France, Russia and the U.K., began to discuss Iran's nuclear program with Iranian officials.
    2014 - NASA announced that its Kepler space telescope discovered 715 planets in other solar systems, bringing the instrument's new-planet tally to 961.  Four of the latest discoveries are thought to have an orbit favorable to habitation, but the distance of these planets makes exploration impossible with current technology
    2015 - Federal Communications Commission approved net neutrality rules, which guarantee equal Internet access to all users.  Broadband companies had been seeking the ability to sell faster access to certain customers while slowing access for others.