Lease Companies on the Stock Exchange

It appears the position news from European leaders with a breakthrough plan to rescue banks, relieve debt-burdened governments has restored investor confidence, giving rise to the 277 point climb on Friday.

Leasing companies on the stock exchange did well also, some better than others, but the high of the day on many was not the “close” of the day.

Chesswood Group Limited
(Pawnee)
Canadian Dollars and stock exchange
Last Price 7.54
Open 7.34
Day High 7.54
52Wk High 7.85
Volume 2.34 k
Prev Close 7.20
52Wk Low 5.78

CIT

Prev Close: 35.10
Open: 35.67
Close: 35.64
Day's Range: 34.99 - 35.78
52wk Range: 27.68 - 44.88
Volume: 1,431,086
Avg Vol (3m): 1,367,000

GATX

Prev Close: 36.63
Open: 37.49
Close: 38.50
Day's Range: 37.05 - 38.52
52wk Range: 28.90 - 45.50
Volume: 413,344
Avg Vol (3m): 321,022

General Electric

Prev Close: 20.20
Open: 20.42
Close: 20.84
Day's Range: 20.42 - 20.84
52wk Range: 14.02 - 21.00
Volume: 73,025,632
Avg Vol (3m): 48,545,500

KeyCorp
(Key Finance/Lease parent)
Prev Close: 7.54
Open: 7.90
Close: 7.74
Day's Range: 7.65 - 7.92
52wk Range: 5.59 - 8.82
Volume: 11,138,950
Avg Vol (3m): 13,999,900

Marlin Business Services
Prev Close: 15.56
Open: 15.75 Close: 16.39
Day's Range: 15.65 - 17.32
52wk Range: 9.37 - 17.32
Volume: 125,982
Avg Vol (3m): 32,920

Microfinancial

Prev Close: 8.04
Open: 8.20
Close: 8.10
Day's Range: 7.86 - 8.20
52wk Range: 4.94 - 8.46
Volume: 52,179
Avg Vol (3m): 42,027

Resource America
(LEAF, but "discontinued")
Prev Close: 6.34
Open: 6.42
Close: 6.38
Day's Range: 6.17 - 6.42
52wk Range: 4.03 - 7.19
Volume: 27,346
Avg Vol (3m): 46,664

US Bancorp

(Manifest/Lyons Financial)
Prev Close: 31.44
Open: 32.02
Close: 32.16
Day's Range: 31.78 - 32.18
52wk Range: 20.10 - 32.98
Volume: 12,510,822
Avg Vol (3m): 10,876,600

Wells Fargo

Prev Close: 32.48
Open: 33.16
Close: 33.44
Day's Range: 32.97 - 33.44
52wk Range: 22.58 - 34.59
Volume: 30,173,067
Avg Vol (3m): 28,459,000

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Classified Ads---Asset Management

(These ads are “free” to those seeking employment or looking
to improve their position)

Orange County, CA 20+ years with record of success. Hands on manager that can show how its done to get great results in Asset Management michaellosey@gmail.com http://www.linkedin.com/pub/michael-losey/12/229/824

San Francisco, CA Ten years experience setting residuals, negotiating leases and remarketing equipment across a broad spectrum of large ticket asset types including marine, intermodal, mining, energy, manufacturing.

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

 

 

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Career Crossroad—-"Just Laid Off!
“Want to bring Sales Team with me."

Question: I have been in the Equipment Leasing industry awhile and was just laid off from my employer along with the entire Sales Team … I am looking to present myself and my Sales Team to potential employers. Any suggestions on how to go about this?

Answer: First, I am sorry to hear of your recent circumstance; but KUDOS that you are already taking the bull by the horns and preparing to make your next move. There are some companies that are open / interested in Sales Teams – as long as each member of the team carries some weight!

As you know, every company has a different business model and has a focus on particular lease types / equipment / asset niches, etc…

As such, the First Step is to do some research to determine which types of companies you are interested in. This will also determine what your presentation should focus on in terms of deals types, territories, etc…

The basics of your presentation should include:

1. Resumes of each Team Member
2. A brief synopsis of each Member to include; equipment niche, length of time in the industry, territories, etc…
3. A historical production log: THE most important aspect will be production of each Team Member – a historical account of these numbers will give the potential employer tangible evidence of success
4. Your presentation should lead the potential employer to the conclusion that by bringing your team on board it could ONLY = $$$ & opportunities
5. Working with a Recruiter can really take a lot of the leg work out of this daunting task and help you prepare to create a great presentation! Give me a call. I have a lot of contacts in the industry.

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
emily@riirecruit.com
Twitter: @RIIInfo
Invite me to Connect on LinkedIn & Follow RII on LinkedIn

Career Crossroads Previous Columns
http://www.leasingnews.org/Conscious-Top%20Stories/crossroad.html

 

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More True Lease Ink Split
The Year in Review

by Tom McCurnin, Esq.
Barton, Klugman & Oetting
Los Angeles, California

2011 was not a good year for judicial review of true leases. Some Courts got it right, but some courts got hopelessly bogged down on issues of intent. The following is a list of the cases which reviewed the true lease issue and a brief summary of the holding.

In re Warne , 2011 WL 1303425 (Bankr. D. Kan. 2011) – A 61-month lease of a semi-tractor that was non-cancellable and which contained an option to purchase at the end for $31,100 was a true lease even though the lessee had provided a security deposit equal to the purchase option price. The purchase option price was a reasonable estimate at the time of entering into the lease of the tractor's value at the end of the lease term. Although the lessee argued that the deposit was essentially a deferred down payment, it was clear that its purpose was for the lessor’s security in the event of default or destruction of the truck. The Court got the issue right, and was helped along by the fact that the equipment was worth near the amount of the stated purchase option.

VFS Leasing Co. v. J & L Trucking, Inc. , 2011 WL 3439525 (N.D. Ohio 2011) – A six-year finance lease of four trucks that gave the lessee the option to purchase the trucks at the end of the lease term for 8.84% of the purchase price the lessor had paid was a true lease because the option price was not nominal.

Gibraltar Financial Corp. v. Prestige Equipment Corp., 949 N.E.2d 314 (Ind. 2011) This was a curious fight between the secured creditor of Prestige and its judgment creditors, where the secured creditor argued that its UCC-1 attached to a leased machine press, and the unsecured creditors argued that the lease was a true lease. The lease contained an Early Buy Out for about 30% of the equipment cost followed by a purchase option the following year for fair market value. What should have been an easy determination that the transaction was a true lease was thoroughly muddied by the Indiana Supreme Court which resurrected the pre-1987 factors of lease vs. loan and focused on the economics of the transaction, before punting the decision back to the trial court.

In re Kentuckiana Medical Center LLC , 455 B.R. 694 (Bankr. S.D. Ind. 2011) – A non-cancellable medical equipment lease gave the lessee the options to purchase the equipment for $238,000. The forecasted value of the equipment was between $200,000 and $400,000. The Court ignored whether the purchase option was “nominal” and instead focused on the “economic realities test,” essentially ruling that the lessee would have to be a moron not to exercise the option, having already paid $2.9 million dollars. I’ve not heard of $238,000 being nominal. This is a first.

In re Del-Maur Farms, Inc. , 2011 WL 2847709 (Bankr. D. Neb. 2011) – A non-cancellable lease of equipment which gave the lessee the option to purchase the equipment at the end of the lease for 10% of the initial purchase price and, if the lessee did not exercise the option, an obligation to renew the lease for one year for a rent that exceeded the option price was a sale with a retained security interest. It is clear under the Code that a forced sale, as opposed to an option to purchase, is in fact a lease intended as security. This Nebraska Court got it right.

VFS Leasing Co. v. J & L Trucking, Inc. , 2011 WL 3439525 (N.D. Ohio 2011) – This case involved a lease of four trucks. The lease provided that the lessee could have an option to purchase the trucks at the end of the lease term for 8.84% of the purchase price, about $36,000. Although the purchase option was below the magic number of 10%, the Court ruled that the $36,000 payment was not nominal.

The bottom line to these cases is really simple: If a lease has a purchase option which does not equate to the fair market value of the equipment, at the time the option is to be exercised, the lessor is at risk. While some of the lessors fared well, many others failed to realize the simplicity of the test under the Uniform Commercial Code.

Tom McCurnin
Barton, Klugman & Oetting
Los Angeles, California
email: tmccurnin@bkolaw.com
Voice: (213) 621-4000
Fax (213) 625-1832

Visit our Web Site at www.bkolaw.com

 

Leasing 102
by Mr. Terry Winders, CLP

"What is a Legal Lease?"

The documentation of an equipment lease must follow the requirements of the Uniform Commercial Code (UCC). Perhaps the most important thing to understand is that two parties may enter into a contract to do just about anything. So long as the agreement does not cross any legal barriers both parties are expected to live up to the requirements of the contract. When a breach occurs (one or both parties fail to honor the contract) and a civil court action is required to settle the dispute, the contract, as written and signed, will be used by the judge to determine corrective action or penalties.

The contract must clearly state do’s and don’ts, if the contract does not prohibit something, it is assumed the lessee has the right to do it. If the contract contains provisions that conflict with existing laws it is said to be “unenforceable” An example is: "If a contract claims to be governed by Article 2A, of the UCC, and then contains a provision that excludes it from 2A then the provision claiming to be governed by 2A is unenforceable (not illegal)."

The UCC, for Commercial transactions, is divided into Articles with each Article defining a type of business activity. Article 9 defines the requirements for money lending or secured lending. This Article acknowledges the borrower as the legal owner of the equipment and the lender as a lien holder. To “perfect” or record a lien the lender must file a recording document called A UCC-1. This UCC-1 must be filed in the State where the borrower has incorporated or registered to do business. If the borrower has an existing “blanket lien” (a lien on everything owned by the borrower) the new lender is restricted from having a first position and would be regulated to a secondary lien position in the case of a default. However, if the equipment is a new purchase and the lender has loaned the money to purchase it then Article 9 allows for a “Purchase money lien filing” that will have first lien position in front of the blanket lien holder providing the purchase money filing is filed within twenty days of the borrower taking possession. This twenty-day requirement starts with customer possession not signatures on loan documents. Therefore some record of delivery date needs to be retained in case of a court challenge in default.

Article 2A is for equipment leasing that is not a lending activity governed by Article 9. To distinguish the differences, the definition of an Article 2A transaction was published as an exception to a secured transaction and is found under the definition of a “Security Interest” as section (37). The reason for this article on leasing is to establish the rights of the lessor as the legal owner of the equipment. In the case of a third party lessor it establishes procedures for the lessor to pass on to the lessee the supply contract; a term for the usual equipment performance guarantees and the warrantees from the vendor, seller. This limits the third party lessor from responsibility for equipment performance or liability for non-performance, or injury, from malfunction.

To qualify as an Article 2A lease and be judged by the contents of 2A the lease transaction must meet the definition or the qualifications in section (37). If the transaction fails then it is considered an Article 9 secured transaction and the lessor must contend with the lien filing requirements of this article to maintain their lien position. Most Lessors’ file a lien-filing document called a financing statement also called a UCC-1 as a precautionary measure because under the law the filling of a UCC-1 cannot be used as evidence the Lessor considered the transaction to be a loan. There is no requirement for a lien filing in Article 2A because the lessor is considered the legal owner.

One difficulty presents itself when leasing non-titled equipment (personal or tangible property.) Without a lien filing, there is no location for a lessor to post a notice that the lessee is in possession of equipment that the lessee does not own. A potential purchaser finding no liens may assume the business asset is free and clear of all liens and the lessee has rights to sell it. This is one of the reasons for filing a UCC-1 or as some Lessor’s do, put labels or notices on the asset itself, stating “ This equipment is owned by ABC Leasing and may not be removed from this location without our permission. PH 123-456-7891.” Still, in many cases when assets are sold with out lessor knowledge and the buyers name is not recorded, many Lessor’s have little recourse in default situations except to take the Lessee to court for selling non owned assets.

In addition, laws change in each state, so it is advisable to consult your experienced attorney at least annually regarding procedures that may have changed regarding filing a UCC.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at leaseconsulting@msn.com or 502-327-8666.

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. 502.649.0488/Leaseconsulting@msn.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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Sales

Privately-held lessor/broker in business since 2004 is looking to expand its Orange County and San Diego origination teams with experienced reps ready for a change. We offer clients a variety of traditional banking products including our 0% APR credit card. Our marketing efforts enhance both end user and vendor sales strategies, including proprietary technology, direct mail, and trade show support. Make the move today - click this link for more details.

www.cflbc.com Commercial Finance & Leasing Bank of Cardiff, Inc, a finance lender licensed pursuant to the California Finance Lenders Law, license #603G469

Dallas-Fort Worth Seasoned Leasing professional in Dallas-Fort Worth area, experienced in 3rd party generated business. Must be highly ethical, self starter with a good understanding of financials and able to produce immediately and consistently. Generous commissions paid and benefits after initial trial period. Please submit resume to ron.mitchell@bancleaseacceptance.com Contact: Ron Mitchell 214-615-0667 direct

 

Exp. only, 1 Southeast, 1 West Coast Looking to Expand Your Career Base Salary & Commission resumes to : dmitchem@ifsc.com www.ifsc.com Stable, profitable independent lessor, 30 years in business, Chicago suburbs

 

For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm

Please see our Job Wanted section for possible new employees.

 

Why I Became a CLP

Kyle W. Gilliam, CLP
President, Arvest Equipment Finance

Since obtaining my CLP, I have made many new connections within our industry that I can now lean on for help in making tough decisions as well as friends from all over the country that I can share best practices with. Earlier this year, I was honored with the opportunity to join the board of directors for the CLP Foundation. The board, along with our newly named Executive Director Reid Raykovich, CLP and our current President Rosanne Wilson, CLP are very excited about what the future holds for the Foundation. My only regret is waiting 10 years to pursue my CLP.

After spending a few years in commercial lending and private banking back in the mid 1990’s, I discovered that the favorite part of my job focused around equipment finance.

Not too long after our bank was acquired by Regions Bank, I applied for a position internally with Regions Leasing in Montgomery, Alabama. A few weeks later, I was offered the job and relocated to Little Rock, Arkansas. I was very blessed to have had a group of highly dedicated leasing professionals to mentor me early in my career. Ricky Mims, Derek Johnson, John Jordan, Tom Sansom and Dave Parr all played an important role in my professional development. After leaving Regions in 2003, I joined Bank of the Ozarks Leasing. There, I was exposed to another mentor J. Scott Hastings. Scott showed me a different side of the business than what I had been exposed to at Regions, another great learning experience for me.

In early 2007, I had the opportunity to put together an equipment finance division from the ground up at Arvest Bank. Arvest is a $13.1 billion dollar privately held bank doing business in Arkansas, Oklahoma, Kansas and Missouri. It allowed me to deploy the knowledge that I had gained over the years and combine best practices from each of my mentors. The supportive nature of our culture and team approach at Arvest Bank made the task of implementing a new division somewhat less challenging than it might have been at a different financial institution.

The CLP Foundation, along with the professional designation, is very much like what I described in the above mentioned paragraphs. There are many willing mentors standing by to assist those new to the equipment finance business, including those more seasoned professionals that might want to pursue their CLP designation. No matter what stage of your career, whether a Lessor, Broker, or simply a funding source, you will benefit from the CLP program ultimately by achieving your professional designation. The CLP designation is the one and only professional designation within our industry and proves to your company, customers, and co-workers that you are a dedicated and educated professional in the equipment finance industry. Currently, we have (4) CLP’s on staff with our soon to be 5th CLP going through the program.

My desire to become a CLP goes back almost a decade. The problem was, I was like any other dad or husband, I always had something pulling my attention away from me continuing my professional education. It was not until 2010 that I decided that this is the year, and what a year it was!

(Taken week before last off of the coast of Alabama at Kyle's family vacation home in Gulf Shores, Alabama)

Why I Became a CLP
http://www.leasingnews.org/CLP/Index.htm

ELLEN MICHELE STERN, ATTORNEY Southern California Free initial consultation Nationwide network of providers and client base. Twenty-six years of leasing expertise, ranging from front-end transactional through collections, equipment & judgment recovery. Results-oriented Phone: 951.443.4000 or email:leaselaw@msn.com California Finance Lenders’ License specialist

Leasing News Help Wanted Ad Pricing

25% Off regular rate below plus 30 day run

Help Wanted Web Ad New Programs Classified Ad Section  21 days in a row: $595 four lines (a space is a line)  ($40 each additional line or space) All you need do is send us the copy or the position description you want to fulfill and we do the rest. We will design the ad with the idea to fit you budget best, as well as recommend a “click to a web page” or seprate full page job description. Lines and spaces determine the price of the “help wanted ad” as the Logo is free as well as company description at the bottom of the ad (not to exceed the number of lines of the ad.) Also free: click to a click to a web site or a full description of the position. Ads are placed in the "Help Wanted' section by category, alphabetical, with the ad with the most lines first in the group. They appear on the web site and in each news edition at the top, not in flash, but in separate news editions. (The “help wanted” top ad are changed in each news edition in sequence with other “help wanted” ads, mostly in a chronological basis.) The ad always appears in the classified help wanted section in each news edition, plus remains on the web site, even when it appears at the top of the headlines. Most readers scroll the newsletter, or those directly interested in classified, will click on the headline and go direct to the news edition classified help wanted section, or click on the web site, and go to it at this site. Leasing News reserves the right to refuse advertising, particularly to a company that has appeared in the complaint bulletin board

 

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Top Stories June 25---June 28

Here are the top ten sorties opened by readers

(1) Funders Looking for New Broker Business—Updated
by Christopher Menkin
http://leasingnews.org/archives/Jun2012/6_25.htm#funders

(2) Fort Collins, Colorado Fire
by Gary Souverein, Pawnee Leasing
http://leasingnews.org/archives/Jun2012/6_27.htm#fire

(3) Unlicensed Texas Lender Gets Stung/No License
Unlicensed Dealers in Two other states walk
http://leasingnews.org/archives/Jun2012/6_29.htm#unlicensed

(4) Archives---June 27, 2002
Centerpoint Financial, Denver, Colorado
http://leasingnews.org/archives/Jun2012/6_27.htm#archives

(5) Watch Out for Small Capital Leases -Especially Without a License
by Tom McCurnin, Esq.
http://leasingnews.org/archives/Jun2012/6_25.htm#leases

(6) Direct Capital Passes $225 Million Mark
http://leasingnews.org/archives/Jun2012/6_27.htm#dc

(7) Allegiant Partners Announces $25 Million funding facility
http://leasingnews.org/archives/Jun2012/6_29.htm#allegiant

(8) Court(s) Update
by Christopher Menkin
http://leasingnews.org/archives/Jun2012/6_27.htm#update

(9) Lease Accounting Webinar--Free---First Come Basis
http://leasingnews.org/archives/Jun2012/6_29.htm#webair

(10) The 7 Safest Banks in America
24/7 Wall Street Wire
http://leasingnews.org/archives/Jun2012/6_27.htm#safest  

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SparkPeople--Live Healthier and Longer

SparkPeople--Live Healthier and Longer

Food Showdown: Burgers or Dogs?
http://www.dailyspark.com/blog.asp?post=food_showdown_burgers_or_dogs

((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)

   1776- the Continental Congress, Philadelphia, PA, having a quorum, voted to adopt  a resolution introduced June 7, 1776, by Richard Henry Lee of Virginia: “Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved. That it is expedient forthwith to take the most effectual measures for forming foreign Alliances. That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.” This resolution prepared the way for signature and adoption, July 4,1776, of the Declaration of Independence. 
http://www.stratfordhall.org/rh-letter2.htm 
http://lcweb2.loc.gov/ammem/bdsds/lee.html 
    1777- slavery emancipations was enacted into law by Vermont: “ No male person born in this country or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law, for the payment of debts, damages, fines, costs, or the like.” 
    1778- Cyrus Griffin of Virginia, the president of the Congress, announced that the Constitution had been ratified by the required nine states (the ninth being New Hampshire June 21, 1788), and a committee was appointed to make preparations for the change of government.
http://cyrusgriffin.com/ 
    1822-Perhaps one of the events that slowed those advocating freedom was the ceremony and significance of the hanging of Denmark Vesey.  He was the planner of what would have been the biggest slave revolt in US history.  Denmark Vesey was executed at Charleston, SC. He had been born around 1767, probably in the West Indies, where he was sold at around age 14 to Joseph Vesey, captain of a slave ship.  He purchased his freedom in 1800.  In 1818 Vesey and others began to plot an uprising, he held secret meetings, collected disguises and firearms and chose a date in June, 1822. But authorities were warned, and police and the military were out in full force.  Over the next two months, 130 blacks were taken into custody, 35, including Vesey, were hanged and 31 were exiled.  As a result of the plot, Southern legislatures passed more rigorous slave codes.http://www.theatlantic.com/issues/1861jun/higgin.htm 
    1833 - An unusually large New England tornado, one half to three quarters of a mile wide, went from Salem Pond to Norton Pond, VT, and then into Canada. It "prostrated" nearly everything in its path.
    1843 - An alligator reportedly fell from the sky onto Anson Street in Charleston, SC, during a thunderstorm.
    1863-The second day of the battle of Gettysburg. Both armies faced each other in a parallel line one mile apart. General Longstreet basically holds back, disagreeing with General Lee orders, as Longstreet waits.  Lee sends in his best, his right hand fighting force, the price of the South,  J.E.B.Stuart. The delay by Longstreet changes the course of the battle.  The time gives the Federal troops time to organize and position themselves. In his book, Longstreet says these reports are incorrect, especially about specific orders to attack. This battle was never planned, but was stumbled into as General Lee was on his way for a surprise attack on Washington, D.C. Several generals died this day in battle, and Longstreet has his version of what happened. 
http://memory.loc.gov/ammem/today/jul02.html 
http://www.nps.gov/gett/getttour/day2.htm 
http://johnsmilitaryhistory.tripod.com/gett2.html 
http://www.pekin.net/pekin108/edison/projects/jon.htm 
http://home.sprynet.com/~carlreed/HuntDay2.html 
http://www.civilwarhome.com/longstreetgettysburg2.htm 
http://www.geocities.com/Pentagon/Quarters/2471/Gettypictures.html 
    1864-Congress established the National Statuary Hall, formerly the Hall of the United Sates House of Representatives in the Capital at Washington, DC.  Each state was invited to contribute marble or bronze statues of its most distinguished citizens.http://www.virtualology.com/hallofusa/nationalstatuaryhall/ 
http://dmla.clan.lib.nv.us/docs/dmla/press/2002/03-11.htm 
    1881 - Only four months into his administration, President James A. Garfield is shot as he walks through a railroad waiting room in Washington, D.C. On September 19, 1881, after 80 days, President Garfield died of blood poisoning. Vice President Chester A. Arthur serving as acting president was sworn in as president. 
    1890—The Sherman Act was enacted by Congress.  Also known as the Antitrust law, it was “ an act to protect trade and commerce against unlawful restraints and monopolies. “ It provided that “every contract combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal.” 
http://www.usdoj.gov/atr/foia/divisionmanual/ch2.htm 
http://www.infoplease.com/ce6/history/A0844878.html 
The census recorded a population of 62,947,714.  The center of population was placed at 20 miles east of Columbus, Indiana.  The melting pot character of New York City was reflected in statistics revealing that there were half as many Italian New Yorkers as Neapolitans in Italy, as many German New Yorkers as Germans in Hamburg, twice as many Irish New Yorkers as Dubliners, and two and half-half times as many Jews as were living in Warsaw. It would not be until shortly after the turn of the century that immigration laws would slow down the mix. 
    1881- President James A. Garfield was shot as he entered the railway station at Washington. DC. He died Sept 19, 1881, never having recovered from the wound. The assassin, Charles J. Guiteau, was hanged June 30, 1882. (bottom half of:http://memory.loc.gov/ammem/today/jul02.html ) 
    1904-Jean Rene Lacoste, tennis player and clothier born at Paris, France. Lacoste, known as the Crocodile, was one quarter of the great French tennis players in the 1920's known as the Four Musketeers.  He won Wimbledon and the US championship twice each, the French Open three times and was ranked No. 1 in the world in 1926-27.  He designed the first shirt specifically for tennis, a loose-fitting cotton polo shirt that soon became the standard. He adorned the Lacoste shirt with a small crocodile, the first apparel logo. Died at St. Jean-de-Luz, France, October 12, 1996http://www.tennisfame.org/enshrinees/jean_lacoste.html 
    1905-birthday of bandleader, saxophonist Harland Leonard, Kansas City, MOhttp://www.umkc.edu/orgs/kcjazz/jazzfolk/leonh_00.htm 
http://www.umkc.edu/orgs/kcjazz/jazzfolk/leonh_02.htmhttp://www.jass.com/tom/next/lists/harlan.html 
    1908-birthday of Thurgood Marshall, the first African-American on the U.S. Supreme Court, born at Baltimore, MD.  For more than 20 years, he served a director-counsel of the NAACP Legal Defense and Educational Fund.  He experienced his greatest legal victory May 17,1954, when the Supreme Court decision on Brown v Board of Education declared an end to the “separate but equal” system of racial segregation in public schools in 21 states.  Marshall argued 32 cases before the Supreme Court winning 29 of them, before becoming a member of the high court himself.  Nominated by President Lyndon Johnson, he began his 24-year career on the high court. Oct 2, 1967, becoming a voice of dissent in an increasingly conservative court. Marshall announced his retirement June 27, 1991, and he died January 24, 1993, a t Washington,DC. 
http://www.ai.mit.edu/~isbell/HFh/black/events_and_
people/html/001.thurgood_marshall.html 
    1917-W.E. B. Dubois, Marcus Garvey, and James Weldon Johnson of the NAACP, led a silent march down Fifth Avenue at New York, following the previous day Saint Louis race riots ( reported in yesterday's A Day in American History )  Between 20 and 75 blacks were killed, and hundreds more were injured.
    1921-Jack Dempsey successfully defended his heavyweight championship against French contender George Carpentier. The challenger staggered Dempsey in the second round, but the “Manassa Mauler” recovered and knocked out Carpentier in the fifth round.  The fight grossed $1,789,238, boxing's first million-dollar gate, as 80,000 fans took their seats in a specially-built outdoor arena in Jersey City, NJ.     1930-PianistAhmad Jamal (Fritz Jones ) birthdayhttp://www.portsmouthnh.com/jazznight/ahmadjamal.html 
http://www.jazzine.com/artists/ahmad_jamal.phtml 
    1939-birthday of singer Paul Williams, Birmingham, AL 
http://members.aol.com/maaalumni/index.html 
http://www.angelfire.com/stars/classictemptations/index.html 
    1941—Gene Krupa Band with Roy Eldridge record “ Rockin' Chair.” (Hoagy Charmichael first wrote and sang this, and Jack Teagarden later had a hit in the late 1920's. It later became his signature song.) 
    1943-First Lieutenant Charles Hall of Brazil, In, became the first Army pilot who was African-American to shoot down an Axis airplane in World War II when she shot down a German FockeWulf 190 over Sicily.  He was flying a Warhawk as part of a fighter squadron escorting bombers. The squadron commander was Lieutenant Colonel Benjamin Oliver Davis, Jr., who later became the first Africa-American general of the Air Force. 
http://www.nasm.si.edu/features/blackwings/hdetail/detail_story.cfm?id=44 
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=6947 
http://www.redstone.army.mil/history/integrate/chron3b.htm    
    1944- impresario Norman Granz presented the first Jazz at the Philharmonic concert at the Philharmonic Auditorium in Los Angeles. The series, which later toured the US and Canada, presented the best mainstream jazz artists, both in individual sets, and in an all-star jam session. The success of Jazz at the Philharmonic proved, as Granz said, that there was "money to be made in good jazz." Granz later formed Verve, one of the leading jazz labels of the 1950's and '60s.
    1945 - The submarine USS Barb fires rockets on Kaihyo Island, off the east coast of Karafuto (Sakhalin) Island. It is the first American underwater craft to fire rockets in shore bombardment. Meanwhile, Japanese sources report that only 200,000 people remain in Tokyo. All others have been evacuated to safer areas. The Japanese claim that some 5 million civilians have been killed or wounded by American fire-bombs.
    1947 - Soviet Foreign Minister V. M. Molotov walks out of a meeting with representatives of the British and French governments, signaling the Soviet Union's rejection of the Marshall Plan. Publicly, U.S. officials argued that the Soviet stance was another indication that Russia intended to isolate Eastern Europe from the West and enforce its communist and totalitarian doctrines in that region. From the Soviet perspective, however, its refusal to participate in the Marshall Plan indicated its desire to remain free from American "economic imperialism" and domination.
    1947 - An object crashed near Roswell, N.M. The Army Air Force later insisted it was a weather balloon, but eyewitness accounts gave rise to speculation it might have been an alien spacecraft.
    1951--Top Hits
Too Young - Nat King Cole

mister and Mississippi - Patti Page 
On Top of Old Smokey - The Weavers (vocal: Terry Gilkyson) 
I Want to Be with You Always - Lefty Frizzell 
    1955- "The Lawrence Welk Show" premiered on television, lasting for nearly three decades. By high school best friend Warren Luening played trumpet in the show, who is today a well-known professional studio, move, and television musician. He is mentioned often in movie titles and CD ROMs for his solo's and performance 
http://207.168.179.75/jazzography/gallery/Warren_Luening.html 
http://www.trumpetguild.org/news/99aa.htm 
http://www.flyingpisanos.com/Photos.htm 
http://www.musicweb-uk.com/pisanos.html 
http://www.artistdirect.com/music/artist/appears/0,,460884,00.html 
http://music.barnesandnoble.com/search/product.asp?ean=13431486824 
http://music.barnesandnoble.com/search/product.asp?ean=13431463320 
http://music.barnesandnoble.com/search/product.asp?ean=11105954020 
http://www.artistdirect.com/store/artist/album/0,,1080878,00.html 
http://www.zvuki.ru/A/P/23263 
http://www.planetjoy.co.jp/kazumatsui/soundtrack16b.html 
http://www.artistdirect.com/store/artist/album/0,,192577,00.htmlhttp://www.rhino.com/features/tracks/78254trx.htmlhttp://www.cdnow.com/pagename=/RP/CDN/FIND/album.html
/itemid=1356803/f rom=sr163463-2
http://www.stp.uh.edu/vol64/146/shobiz/shobiz-index.html 
http://www.artistdirect.com/store/artist/album/0,,203866,00.html 
    1956 - Elvis Presley recorded "Hound Dog" and "Don't Be Cruel" and “Anyway You Want Me “ for his new record label home, RCA Victor in New York. It's the first session to feature the Jordainaries, a vocal harmony quartet. 
    1957-"The Andy Williams Show" premiered   Mike Post was hired as musical director "in order to appeal to a younger audience; he introduced the practice of prerecording band arrangements rather than recording them during the taping of the show." In 1976, Williams hosted "Andy," a syndicated show.     
    1959--Top Hits 
Personality - Lloyd Price 
Lonely Boy - Paul Anka 
Lipstick on Your Collar - Connie Francis 
The Battle of New Orleans - Johnny Horton 
    1961—Roger Maris hits 29th and 30th home run en route to 61 homers. 
    1962-Jimi Hendrix was honorably discharged from the 101st Airborne Paratroopers, after breaking his ankle during his 26th and final parachute jump. 
    1963 In one of baseball's most memorable pitching duels, Giants' Juan Marichal and Braves' Warren Spahn both hurl 15 scoreless innings before Willie Mays ends the marathon with a homer off Spahnie in the bottom of the 16th giving San Francisco a 1- 0 win. 
    1964- President Lyndon Johnson signed the Voting Rights Acts into law, prohibiting discrimination on the basis of race in public accommodations, in publicly owned or operated facilities, in employment and union membership, and in the registration of voters.  The bill included Title VI, which allowed for the cutoff of federal funding in areas where the discrimination persisted.   
    1966- Temperature at Philadelphia, PA soared to 104 
    1966-Frank Sinatra's version of "Strangers in the Night" displaced The Beatles' "Paperback Writer" at the top of the Billboard Hot 100. It was also a UK #1. Sinatra's recording would win him a Grammy Award for Best Male Pop Vocal Performance and Record of the Year, despite the fact that Frank often said he didn't really like the song. 
    1967--Top Hits 
Windy - The Association 
Little Bit o' Soul - The Music Explosion 
San Francisco (Be Sure to Wear Flowers in Your Hair) - Scott McKenzie 
All the Time - Jack Greene    
    1969- Reds pitcher Jerry Arrigo ties a major league mark when he hits his third Brave in the second inning of 9-4 victory. Braves tie the record hitting five batters in one game. 
    1975--Top Hits 
Love Will Keep Us Together - The Captain & Tennille 
When Will I Be Loved - Linda Ronstadt 
Wildfire - Michael Murphey 
Tryin' to Beat the Morning Home - T.G. Sheppard 
    1976- Brian Wilson, rehabilitated from drug and other problems, joined the Beach Boys on stage in Oakland, California for the first time in 12 years. He performed with the group again the following night, and the event was recorded for an NBC television special. 
    1983--Top Hits 
Flashdance...What a Feeling - Irene Cara 
Electric Avenue - Eddy Grant 
Every Breath You Take - The Police 
Love is on a Roll - Don Williams 
    1985- Astro hurler Joe Niekro notches his 200th career victory. The Niekro brothers (Joe & Phil) will join the Gaylords (Jim & Gaylord) as the only brothers to win at least 200 games per pitcher.
    1988 - Twenty-six cities in the eastern U.S. reported record low temperatures for the date. The morning low of 47 degrees at Roanoke, VA, broke the July record set the previous day.
    1988- Michael Jackson became the first artist to have five number one singles from one album when "Dirty Diana" went to the top of the Billboard Hot 100. The other four chart-toppers from "Bad" were "I Just Can't Stop Loving You," "Bad," "The Way You Make Me Feel" and "Man in the Mirror."   
    1989--Thunderstorms produced 158 reports of large hail or damaging winds. Evening storms in northeast Texas produced softball size hail which causes more than $5 million damage at Allen and wind gusts to 90 mph at Dallas which injured 8 persons and caused $7 million damage. 
     1991--Top Hits 
Rush, Rush - Paula Abdul 
Unbelievable - EMF 
Power of Love/Love Power - Luther Vandross 
The Thunder Rolls - Garth Brooks 
    1992- A cold July day as Saranac Lake, NY drops to 30, East Haven, VT to 29, West Charleston ,VT 30 
    1994-Andrews Escobar, 27 a defender on Colombia's 1994 World Cup soccer team, was shot 12 times and killed by an unknown assailant in Medellin, Colombia.  The shooting occurred ten days after Escobar had scored an “own goal,” kicking the ball into his own net in a 2-1 opening round upset loss to the United States. Witnesses aid the shooter shouted, “ Goal! Goal!” as he fired each shot. 
    1994 -Heavy rains from the remains of Tropical Storm Alberto produces major flooding across northern and central Georgia. Three day rains exceeded 15 inches at Atlanta., GA, 21.10 inches at Americus, GA. Numerous road closures and bridge washouts. 30 people were killed and 50,000 were forced from their homes as 800,000 acres were flooded. Total damage exceeded $750 million 
    1997 - "Men in Black" opened in the U.S. It's a fun-filled sci-fi tale about a secret organization that's been keeping track of extra-terrestrial aliens on Earth for over 40 years. This organization so secret that when you retire, your memory of it is erased! Agents Kay (Tommy Lee Jones) and Jay (Will Smith) expose a plot by intergalactic terrorist Edgar (Vincent D'Onofrio) who has beamed (or whatever) to Earth to assassinate two ambassadors from opposing galaxies. Complex, but hilarious, but action packed. Audiences beamed (or whatever) to theatres the first weekend, spending $51.07 million on the movie. 
    2002 -Fifty-three major league players hit a record 62 home runs breaking the mark of 57 established on April 7, 2000. The barrage includes record-tying dozen hit at Chicago's Comiskey Park by the White Sox and the Tigers, the same two teams which set the major league record for homers in a game with 12 at Tiger Stadium in 1995.