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Leasing News is a web site that posts information, news, and entertainment for the commercial leasing and finance industry. The News Edition is updated Monday, Wednesday and Friday.
   



Friday, May 20, 2011


Today's Equipment Leasing Headlines

The Real Strange Case of Sheldon Player!!!
  Classified Ads---Credit/Legal
Royal Links Appeal Rules Back to Trial
 by Tom McCurnin
  Preferred Leasing joins Broker/Lessor List “A”
   Charlie Chan Saying "Contest"
Another Misrepresentation from LEAF?
 More Top Leasing Web Sites
   Charlie Chan Saying
DVD's saluting men and women braving natural disasters
   by Fernando C. Croce
    Las Vegas Credit Union Embezzled by manager
News Briefs---
 In reminder of '90s, LinkedIn has big first day
  LinkedIn IPO could give California tax windfall
   Apple Eyes Silicon Valley Data Center To Fuel Cloud Strategy
    Playboy puts entire 57 years of magazines online
     It's Scotty McCreery vs. Lauren Alaina in the finale

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months
 

 How Apple Stores rewrote the rules of retailing
  You May have Missed--- 
   Sports Briefs
    California Nuts Briefs
     "Gimme that Wine"
       This Day in American History
        SuDoku
         Daily Puzzle
           GasBuddy
            Weather, USA or specific area
             Traffic Live----

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

[headlines]
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The Real Strange Case of Sheldon Player!!!

(press release on Jackson Hole Water, the water he was renting from his neighbor,
say this is Player, but people who have met him say it is not.)

In the Friday the 13th story about Sheldon Player and Equipment Acquisition Resources, the oddities of this case were brought forward, including the last bit of information:

"This episode left off where Sheldon Player of Equipment Acquisition Resources claiming in court he filed personal bankruptcy and thus it stopped the action of other lawsuits, but to date, no record seems to have been found or produced to show the documents filed."

The Court record shows:

"MINUTE entry before Honorable Blanche M. Manning: Defendants Sheldon Player and Machine Tools Direct, Inc. have filed a notice of their bankruptcy proceedings under Chapter 7 of the U.S. Bankruptcy Code filed in the Eastern District of Pennsylvania. In light of the automatic stay occasioned by their bankruptcy filing, the case is stayed as to them. Because the case is now stayed as to all defendants, all of whom have filed for bankruptcy, the clerk is directed to place this case on the court's suspense docket. If developments warrant, either of the parties may filed a properly noticed petition to lift the stay and move this case back to the court's active docket. Mailed notice (jms, ) (Entered: 03/29/2011)"

Leasing News nor John Kenny of Receivables Management could not find the filing, and telephone calls and emails to attorneys involved in the various cases have also revealed they have not seen a copy. Many believe the judge's statement is incorrect and Sheldon Player has not filed for bankruptcy.

Calls to the Trustee have not been returned and it appears Player has pulled another fast one!!!

The Strange Case of Sheldon Player
http://leasingnews.org/archives/May2011/5_13.htm#strange_case

John Kenny Receivables Management

End of Lease Negotiations & Enforcement

Fraud Investigations
Credit Investigations Asset Searches
Skip-tracing Third-party Commercial Collections

john@jkrmdirect.com | ph 315-866-1167| www.jkrmdirect.com


[headlines]
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Classified Ads---Credit/Legal

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

Dallas/Ft. Worth, Texas
Proven results Credit Manager-Strong vendor/broker/funding Learned from BEST - Schiell & Galtelli, Centerpoint, Affiliated, Heritage Pacific.
ulrich_elizabeth@yahoo.com
http://www.linkedin.com/pub/elizabeth-ulrich/8/a26/240
Credit and Collections Manager
Seasoned Ops, Broker Development, Credit, Legal, Strategy, P & L Management detail oriented team player seeks position with Small ticket direct lender. Wgriffith61@yahoo.com | Resume


San Diego , CA
Experienced in-house corporate, equipment leasing and financial services attorney seeks position as managing or transactional counsel. Willing to relocate.
Cell Phone: 760-533-4058;
Email: sandidq@msn.com | Resume

View all classified help wanted ads
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

[headlines]
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Royal Links Appeal Rules Back to Trial
by Tom McCurnin


Another of the Royal Links cases has finally trickled its way through three levels of the court system. The facts of this program are generally known by most leasing professionals. Royal Links made golf cart snack trailers with advertising placards. The idea was that the advertising revenue would generally pay for the nominal amount of the lease payments for the trailer. The actual trailers had nominal value of perhaps a thousand dollars, but were sold for 15 times that amount, with total lease payments of over $15,000. There is no question that the Royal Link's salespersons represented that the advertising revenue would essentially pay for the lease payments. Indeed, Royal Links arranged for the advertising and made the lease payments to the Lessors for about 16 months. Numerous leasing companies had a very strong appetite for these deals.

When the payments stopped, the golf courses banded together and sought a class action against Royal Links and also disseminated information on how to defend the expected lawsuits from the lessors. I personally tried a couple these cases.

The defenses of the golf courses were

  • The contracts were disguised security agreements and loans, not leases

  • The Royal Links sales persons were agents of the lessors

  • There was fraud in the inducement of the contract and the terms were unconscionable

  • The contracts were usurious

  • As against an Assignee, the "Hell or High Water" clause was not enforceable

At the trial court level, the Assignee, which was Frontier Leasing, prevailed on all the issues, and the Court of Appeals affirmed. However, the Lessee took the matter all the way to the Iowa Supreme Court which ruled:

--The contracts were loans, because there was a $1 purchase option. No big surprise here.

--A question of fact existed whether the salespersons were agents of the Lessor, ignoring a contractual provision to the contrary. Not a surprise here, either, although there is some case law to the contrary. Proving the agency relationship at trial will be difficult for the Lessee.

--Because the agents may have misrepresented the terms, fraud in the inducement could be asserted, ignoring a contractual provision to the contrary. This wasn't a surprise either, but again, the success on this issue will depend on the agency argument.

--The Hell or High Water provision as to defects of the goods was enforceable, but because fraud in the inducement was allowed to be raised, this seems to be a pyrrhic victory.

--Because the contract was a loan, the loan could be usurious, but since the loan was business loan, it fell within Iowa's exception. No Reg. Z disclosure needed to be given. This was a victory for the Lessor.

The matter was sent back to trial court to presumably litigate the issues of agency and fraud.

Bottom Line: The lessons of Royal Links and NorVergence should be well known to most leasing professionals.

If the vendor is selling something without any intrinsic value, coupled with fraudulent inducement of the equipment's attributes or revenue potential, the equipment lessor may not be able to paper over the fraud with lease terms.

All vendors need to be scrupulously vetted, and deals need to make sense based on the residual equipment value where the equipment is suspect. In this case, selling a $1,000 trailer for $15,000 made no sense, and some courts will find a way to pass that risk onto the lender, where fraud is proven.

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Fax: (213) 625-1832
Email: tmccurnin@bkolaw.com
Visit our Web Site at: www.bkolaw.com

C&J Appeal Decision:
http://www.leasingnews.org/PDF/CJCase.pdf

 

(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)


[headlines]
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Joins Broker/Lessor List “A”

Preferred Leasing, LLC
Lakewood Colorado
Tom Palmer
tom@preferredleasing.com
303-462-4040
www.preferredleasing.com
NAELB
1990
21
2
Rocky Mtn Area
$5,000
 
N
n/a
N
N
Y
Name
City, State
Contact
Website
Leasing Association
YCS
YELB
(see below for meaning)
# of Empl.
Geographic Area
Minimum
Dollar
Amount
Buisness Reports
A
B
C
D
E

Broker/Lessor List “A”
http://www.leasingnews.org/Brokers/broker_Lessor.htm

[headlines]
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Charlie Chan Saying "Contest"



I have been a Charlie Chan movie fan after seeing them on early television and then collecting them of VHS. Most of the sayings reprinted in Leasing News come from "The Complete Sayings of Charlie Chan" http://charliechanfamily.tripod.com/id6.html

Sometimes an up-dated one is used that applies to one of the stories.

This is an announcement to ask for readers to submit either their favorite saying or one they make up that fits a current leasing story. The top ten will be chosen, with each winner receiving a prize, with number one a very good bottle of wine.

If you also do not want your name used in the announcement of being in the top ten, we will oblige and still send a prize. So you can submit "off the record."

It's easy. Send an email to me with subject: Contest
kitmenkin@leasingnews.org



[headlines]
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Another Misrepresentation from LEAF?
by Christopher Menkin



Commerce Building

Leasing News for the last several days has been trying to reach LEAF Commercial, newly named from prior LEAF Financial Corporation for a comment on their May 17th press release that claimed, "LEAF Commercial Capital said it has completed renovation of its corporate headquarters. The upgrade is designed to best support LEAF’s customer focus on the equipment vendor and manufacturer sales channels. LEAF’s 106 Philadelphia employees are now all located in this 30,000 square foot, state-of-the-art facility."

As Leasing News wrote on January 24, 2011, "As predicted by Leasing News, the new company by the founder of LEAF Financial is underway; moving to the 14th floor, 2005 Market Street, Philadelphia setting up a web site, and it appears this will be the concentration. Resource America, Inc at 1845 Walnut Street, Philadelphia moved to the Navy Yard, and Resource Real Estate is now moving to 2005 Market, 15th floor."

From following SEC filings where employee count is included; the numbers didn't jive. In the press release the 90 employees in Moberly, Missouri for the copier division were mentioned (SEC says less, but not worth quibbling as new hires may have been added) and according to a highly reliable source, there are seven sales personnel in the direct call center in Santa Ana, California, as well as other LEAF sales personnel tell us they work out of their residence in Southern California. But the 106 Philadelphia employees is another subject and the main theme of this article. The Leasing News count is 62.

After several days of trying to get how the count got so high from LEAF Commercial, Leasing News conducted a "site inspection:"

“...its more like 22,000 feet on that floor with a quarter of it the data center. Then you have about three large spaces for conference and board rooms. Our count is 50 in total (consisting of) 20 in collections and litigation, 30 in accounting and finance. There are 7 in senior executives, 5 in administration staff..."

"...not really any sales, there is one vice-president of business development, Bryan Spence, counted as executive."

Leasing News is aware of a press release of a salesman in the field from "New Hires:” Fred Crivlare, "Regional Sales Manger for the Midwest Territory."

But the count in Philadelphia from Leasing News: 62---not 106.

January 24, 2011 Story
LEAF Commercial Credit Under Way
http://leasingnews.org/archives/Jan2011/1_24.htm#leaf_cc

Comprehensive personal property tax outsourcing services
We accept file exports and integrate personal property tax information with all lease management or accounting software. No other firm offers the combination of individual attention, software capabilities expertise, "full disclosure" and web port accessibility to information more than we do.

Click here to learn what our clients say about our service
Gary DiLillo, President 216-658-5618 or gary@avptc.com


[headlines]
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More Top Leasing Web Sites


These sites are not only chosen because they have one of the best web pages but also have many views and other sites linked to them. Most leasing web sites have poor ratings or are not rated by Alexa (the lower the number, the higher on the list of being opened by viewers.)

 


Direct Capital
http://www.directcapital.com/
US Alexa Traffic Rating: 56,452
Sites Linking In: 136

 


CIT Group
www.cit.com
US Alexa Traffic Rating: 65,571
Sites Linking In: 317



GreatAmerica Leasing
http://www.greatamerica.com/
US Alexa Traffic Rating: 190,851
Sites Linking In: 24


Balboa Capital
http://www.balboacapital.com/home.aspx
US Alexa Traffic Rating: 368,877
Sites Linking In: 25



Allegiant*Partners
http://www.allegiant-partners.com/
US Alexa Traffic Rating: not rated
Sites Linking In: 9


Previous Top Web Sites
http://leasingnews.org/archives/Dec2010/12_03.htm#top_sites

Alexa, the Web Information Company
http://www.alexa.com/

 


[headlines]
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Fernando's View
By Fernando F. Croce

In tribute to the men and women braving natural disasters, this week we offer a collection of Netflix recommendations that illustrate human strength and perseverance in the face of overwhelming odds.



San Francisco (W.S. Van Dyke, 1936): The Great 1906 San Francisco Earthquake figures prominently in this lavish classic, a prime example of the kind of all-star studio productions which made the 1930s for many buffs the Golden Age of Movies. The story follows the unlikely but passionate romance that grows between Mary Blake (Jeanette MacDonald), the ladylike opera singer who comes to seek fame in turn-of-the-century Nob Hill, and Blackie Norton (Clark Gable), the raffish saloon owner who loves her but is unwilling to change his cheeky ways. Their love is put to the test when they’re separated not just by their different temperaments, but by the legendary earthquake that rocks the entire city. A polished combination of star power and still-impressive effects that remains stirring entertainment even after almost eight decades.


The Hurricane (John Ford, 1937): Best known for classic John Wayne Westerns like "Stagecoach" and "The Searchers," John Ford also exceeded in a variety of other genres, including this atmospheric picture set in the South Seas. Terangi (Jon Hall) is a young Tahitian sailor whose budding career in the Navy and marriage to the lovely Maranga (Dorothy Lamour) is threatened after he's jailed for striking a bigoted local landowner. Things get even grimmer, however, with reports of a devastating typhoon heading toward the local community, setting off a chain of interconnected personal dramas. With a first-rate cast (including Mary Astor, Raymond Massey and John Carradine) and moody style to spare, this is a precursor to the disaster pictures of the 1970s that easily outclasses them.

Backdraft (Ron Howard, 1991): Real-life heroes always ready to delve into danger, firefighters finally get a proper cinematic tribute in this sturdy tribute from Oscar-winning filmmaker Ron Howard (“A Beautiful Mind”). The story follows two brothers, Stephen (Kurt Russell) and Brian (William Baldwin), who have to push aside their troubled personal history to work together with the Chicago fire corps. As fires break out around the city courtesy of a mysterious arsonist, the brothers must pull together to forgive each other, keep their families together, and learn the true meaning of being a hero. As in “Parenthood” and “Apollo 13,” Howard crafts a crowd-pleasing ensemble piece (the large cast also includes Robert De Niro, Jennifer Jason Leigh and Donald Sutherland) that pays homage to the bravery and humanity of firemen.

Twister (Jan de Bont, 1996): Following up on the white-knuckle thrills of "Speed," director Jan de Bont offers audiences another nonstop ride with this breathless box-office hit, which combines special-effects and stunts with personal urgency for its characters. The story centers on Bill (Bill Paxton) and Jo (Helen Hunt), a couple of nature-related specialists (he's a TV weatherman, she's a tornado researcher) whose marriage is on the rocks. Their bond gets a second chance, however, when they're both sent on a dangerous assignment in Oklahoma, where a group of stormchasers (including Bill's rival for Jo's affections) is squaring off against a series of twisters. An exciting and often witty portrait of a relationship crystallized during crisis. Look for future stars like Philip Seymour Hoffman and Jeremy Davies in supporting roles.


The Perfect Storm (Wolfgang Petersen, 2000): Based on his acclaimed handling of the 1981 submarine drama "Das Boot," Wolfgang Petersen was a natural choice to direct this big-screen telling of the true-life "Perfect Storm" that in 1991 hit the coast of Massachusetts. George Clooney stars as Billy, the captain of a fishing ship who ventures into the sea in hopes of breaking his unlucky streak and finds himself, along with his crew (including Mark Wahlberg, John C. Reilly and William Fichtner), smack in the middle of this monstrous gale. Billy and his men must figure out a way to survive and get back to their families, even as the rain grows stronger and the waves larger. An absorbing, fact-based adventure with solid special-effects and an emphasis on working-class resilience.

[headlines]
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### Press Release ############################

Las Vegas Credit Union Embezzled by manager


Credit Union Primarily Served Employees of 3M

Los Angeles – A Las Vegas couple pleaded guilty late yesterday afternoon to federal charges related to the wife’s scheme to embezzle funds from Sharebuilders Federal Credit Union and the failure to report the embezzled income on their jointly filed tax return.

Mireya Guadalupe Gonzalez, 37, and her husband, Jorge Luis Gonzalez, 35, each pleaded guilty today to one count of subscribing to a false income tax return for the 2006 tax year. In addition, Mrs. Gonzalez pleaded guilty to embezzling funds from a federally insured credit union.

According to the wife’s plea agreement, between January 2005 and March 2007, Mrs. Gonzalez worked as the manager of Sharebuilders Federal Credit Union. Mrs. Gonzalez had access to the computerized records of the credit union, and was able to authorize transfers between accounts.

During her employment at Sharebuilders FCU, Mrs. Gonzalez identified various “dormant accounts” that were inactive and had minimal or no customer funds on deposit. Mrs. Gonzalez used the computers to generate electronic transfers of funds to accounts over which she had signatory authority, including a joint checking account with her husband, and two accounts in the names of her children. The source of the funds deposited to the Gonzalez family accounts were the dormant accounts and the general ledger accounts of Sharebuilders FCU.

After transferring the funds to the Gonzalez family accounts, Mrs. Gonzalez and her husband withdrew money and used it to buy personal items such as jewelry, automobiles, and luxury items.

The withdrawals from the dormant accounts caused those accounts to have large negative balances. Mrs. Gonzalez covered up the fraudulent deposits to the Gonzalez family accounts by altering names and numbers assigned to the dormant accounts, transferring balances to the dormant accounts from other accounts, and providing false information to auditors hired by Sharebuilders FCU.

The embezzlement scheme perpetrated by Mrs. Gonzalez substantially jeopardized the safety and soundness of Sharebuilders FCU, and the National Credit Union Administration Board seized control of the credit union in April 2007 due to insolvency.

During tax years 2005, 2006, and 2007, Mrs. Gonzalez and her husband received income related to her scheme to embezzle funds from Sharebuilders FCU and did not report that income on their tax returns. According to Mrs. Gonzalez’s plea agreement, she admits that she and her husband received unreported income of $676,000 for 2005, $338,000 for 2006, and $150,000 for 2007.

As a result of today’s guilty plea, Mireya Gonzalez faces a statutory maximum sentence of 33 years in federal prison and fines up to $1,100,000. In addition, Mrs. Gonzalez will be required to pay full restitution to Sharebuilders FCU, as well as the IRS. The amount will be determined prior to the time of sentencing. Jorge Gonzalez faces a statutory maximum sentence of 3 years in federal prison and fines up to $100,000. Both are scheduled to be sentenced on September 26, 2011 by United States District Judge Dolly M. Gee.

The investigation into Mireya and Jorge Gonzalez was conducted by the IRS - Criminal Investigation in Los Angeles in conjunction with the Federal Bureau of Investigation.

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



[headlines]
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Sherman Oaks-- Adopt-a-Dog


Cooper

Breed: Blue Heeler/Terrier/Labrador
Male
Neutered
good with kids
good with dogs
not good with cats

"Morton was rescued from Baldwin Park Shelter. He is about 4- years old and is a Australian Cattle Dog, lab mix. Loves kids, people, is house trained, non destructive- good with dogs, no cats.”

Strangest Angels Animal Rescue
Contact: Elle Wittelsbach
Phone: Please email this shelter!
E-mail: strangestangelsr@yahoo.com
Let 'em know you saw "Cooper" on Adopt-a-Pet.com!
Website: http://strangestangels.org
Address: Sherman Oaks, CA
91423

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

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





--- News Briefs

In reminder of '90s, LinkedIn has big first day
http://dealbook.nytimes.com/2011/05/19/linkedins-surge-sets-stage-for-more-internet-i-p-o-s/?ref=business

LinkedIn IPO could give California tax windfall
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/05/19/BUQP1JII41.DTL&tsp=1

Apple Eyes Silicon Valley Data Center to Fuel Cloud Strategy
http://www.crn.com/news/cloud/229503369/apple-eyes-silicon-valley-data-center-to-fuel-cloud-strategy.htm

Playboy puts entire 57 years of magazines online
http://www.chicagotribune.com/business/breaking/chibrkbus-playboy-puts-entire-57-years-of-magazines-online-20110519,0,4480650.story

It's Scotty McCreery vs. Lauren Alaina in the finale
http://www.contracostatimes.com/news/ci_18101965?nclick_check=1





You May Have Missed---

How Apple Stores rewrote the rules of retailing
http://www.usatoday.com/money/industries/retail/2011-05-18-apple-retail-stores_n.htm






Sports Briefs----

Deadlocked: Thunder steals Game 2, home-court advantage from Mavs
http://www.dallasnews.com/sports/dallas-mavericks/headlines/20110519-deadlocked-thunder-steals-game-2-home-court-advantage-from-mavs.ece

Sharks lose composure versus Canucks, head to San Jose down two games
http://www.examiner.com/san-jose-sharks-in-san-jose/sharks-lose-composure-versus-canucks-head-to-san-jose-down-two-games





California Nuts Briefs---

Silicon Valley entrepreneurs celebrate LinkedIn's wild IPO
http://www.mercurynews.com/business/ci_18100107

Legislative Analyst agrees with Brown revenue estimate
http://blogs.sacbee.com/capitolalertlatest/2011/05/legislative-analyst-xxxx.html

Schwarzenegger puts acting career on hold
http://www.sacbee.com/2011/05/19/3640158/schwarzenegger-puts-acting-career.html

Andronico's creditors complain about payments
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/05/19/BU3F1JIBES.DTL





“Gimme that Wine”

The World's Most Underrated Wines
http://www.winespectator.com/webfeature/show/id/45028

At Nice Matin, a Wine List That Hits All the Marks
http://www.nytimes.com/2011/05/18/dining/at-nice-matin-a-wine-list-that-hits-all-the-marks.html?_r=1&ref=dining

Madoff's wine fetches $41,530 for Ponzi victims
http://news.yahoo.com/s/nm/20110518/people_nm/us_madoff_wine

Tech industry veteran Jeanette Morgan pours her heart into Oregon's wine marketing but faces weak sales and staff departures
http://www.oregonlive.com/wine/index.ssf/2011/05/tech_industry_veteran_jeanette.html


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

Wine Prices by vintage
http://www.winezap.com

http://www.wine-searcher.com/

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

Winery Atlas
http://www.carterhouse.com/atlas/\

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


[headlines]
----------------------------------------------------------------

This Day in American History

     1638- Dorchester, MA voted to establish a property tax to support public schools: “It is ordered the 20th of May,1639, that there shall be a rent of twenty pounds a year for ever imposed upon Tomsons Island to be paid by every person that hath property in the said island according to the proportion that any such person shall from time to time enjoy and possess there.”
 1704-Elias Neau founds school for slaves in New York His real name was Elias Naud. He was from France,  a seaman who sallied to Haiti before arriving in New
    1768- Dolley Madison, a widow, married James Madison.  During the British invasion of Washington, D.C., in the war of 1812 she escaped with valuable state papers from the White House before it was burned by the British.   Strong-willed, she hung her wash in the east room of the White House to show her disdain for those who thought the presidency was royalty. She was a noted and charming hostess in the complex game of Washington society.   She acted as hostess for George Washington and reportedly her charm and social grace was a great aid in Madison being nominated for President.
http://www.whitehouse.gov/history/firstladies/dm4.html
http://www.vcdh.virginia.edu/madison/exhibit/index.html
    1775-North Carolina. Commemorates claimed signing of a declaration of independence from England by citizens of Mecklenburg County. There is quite a controversy of this event.  Historian Allan Nevins, apparently with good reason, says it was a fraud. It was not put into written form until 1800, it wasn't a county clerk on the basis of his memory of the event.  Mecklenburg does figure in the developing schism with Great Britain.  In May 1775 some resolutions were passed denying the authority of the king in North Carolina. But there was no mention of independence.” Some North Carolinians, smarting over the Mecklenburg fraud, maintain that they still deserve recognition as the first to declare Independence. The claim is based on a meeting in Halifax, where the delegates to the Congress were instructed to “concur with the delegates of the other Colonies in declaring Independency.” The meeting was held in April, 1776.  North Carolinian James Street insisted that this “ was the first explicit declaration by any Colony in favor of complete separation from Britain.” Street,” The Revolutionary War(1954),pg.79).
    1777-the first treaty between states after the Declaration of Independence was concluded between George and South Carolina at Dwitt's Corner, SC.  Under its provisions, the Cherokees were forced to retire behind a line running southwest through Georgia form the straight part of Pickens County on the North to a point just below the mouth of the Tallulah at the western tip of the state. Since landing on the continent, the natives were moved further and further from their original “homeland.” From an estimated population, some say well into the millions .http://www.theatlantic.com/issues/2002/03/mann.htm , the population shrank to several hundred thousand, due primarily to disease brought from the old world to humans and animals.. 1825-Birthday of Antoinette Brown, the first woman minister in U.S. History. A graduate in theology from Oberlin College in 1850, she was refused ordination by a number of churches, but finally accepted by the Congregational Church in South Butler, New York (1852-54.) She married into the renowned Blackwell family (Elizabeth was the first woman physician in U.S. history and her sister Emily, also a physician, was one of the organizers of the first woman's hospital.)Antoinette had six children and abandoned her battles for women's rights. Later she resumed her women's rights activities to become one of the most sought after speakers in the nation. She also published a number of well received books, her last book “The Social Side of Mind and Action” (1915) was written when she was 90. She lived to 96, long enough to see women get the vote.
http://www.oberlin.edu/external/EOG/OYTT-images/NettyBlackwell.html
http://www.amazon.com/exec/obidos/ASIN/0935312048/avsearch-bkasin -20/002-0667839-4443242
    1851-birthday of Emil Berliner, Jewish immigrant, who came to the United States in 1870 from Germany and later worked for Alexander Graham Bell's telephone company. In 1877, the year after Graham invented the telephone, Berliner developed an improved telephone receiver. Ten years later, Berliner dramatically improved the phonograph when he developed the flat gramophone record, which quickly replaced Thomas Edison's recording cylinder. He also developed a method for mass-producing records. He also invented the microphone among other achievements.
http://memory.loc.gov/mmem/berlhtml/
http://www.hebrewhistory.org/factpapers/berliner27-II.html
    1856-revolutonizing communication, David Edward Hughes of Louisville,KY, received a patent on a telegraph ticker that successfully printed type.  He then sold his rights to the Commercial Company for $100,000 on November 1, 1855, a huge sum of money or the day, perhaps the first “dot commer” of the “communication revolution” to follow. The modern teleprinter, telex system and computer keyboards are all direct descendants of this invention
http://www.acmi.net.au/AIC/HUGHES_BIO.html
    1862- President Lincoln signed the Homestead Act opening millions of acres of government-owned land in the West to settlers or “homesteaders,” who had to reside on the land and cultivate it for five years.http://memory.loc.gov/ammem/today/may20.html
    1872- Madeline McDowell Breckinridge birthday; U.S. social activist who began by organizing and taking part in grassroots movements in her native Kentucky battling for educational and health facilities.   She campaigned for juvenile courts, branched out into fighting political corruption while heading charity organizations and was even instrumental in building a tuberculosis hospital (a disease she suffered from most of her life).   She headed the Kentucky Equal Rights organization which not only successfully passed suffrage in a southern state, but also obtained rights for married women that "allowed" them to keep their own earnings, have joint custody of their own children, etc.
http://www.womeninkentucky.com/site/reform/m_breckinridge.html
http://www.womeninkentucky.com/site/reform/motherssphere.html
    1873-Levi Strauss secures the necessary patents for canvas pants with copper rivets to reinforce the stress points. Born in Buttenheim, Bavaria, in 1829, the young Levi Strauss emigrated to the United States in 1847.. He arrived in San Francisco in 1853 with a load of merchandise that he hoped to sell in the California mining camps. Unable to sell a large supply of canvas, Strauss hit on the idea of using the durable material to make work pants for miners. Strauss' canvas pants were an immediate success among hardworking miners who had long complained that conventional pants wore out too quickly. In 1872, Strauss received a letter from Jacob Davis, a customer and tailor who worked in the mining town of Reno, Nevada. Davis reported that he had discovered canvas pants could be improved if the pocket seams and other weak points that tended to tear were strengthened by copper rivets. Davis' riveted pants had proven popular in Reno, but he needed a patent to protect his invention. Intrigued by the copper-riveted pants, Strauss and his partners agreed to undertake the necessary legal work for the patent and begin large-scale production of the pants. Davis' invention was patented on this day in 1873. In exchange for his idea, Strauss made the Reno tailor his production manager. Eventually, Strauss switched from using canvas to heavyweight blue denim, and the modern "blue jeans" were born. Since then, Levi Strauss & Company has sold more than 200 million pairs of copper-riveted jeans. By the turn of the century, people outside of the mining and ranching communities had discovered that "Levi's" were both comfortable and durable. Eventually, the jeans lost most of their association with the West and came to be simply a standard element of the casual American wardrobe.
    1901-pianist Jimmy Blythe born Lexington,KYhttp://www.allmusic.com/cg/x.dll?UID=8:52:12|PM&p=amg&sql=B10175
    1907 - Forty-one Igorrote, head-hunters and dog-eaters from the wild districts of Bontac providence in the northern part of Luzon, were brought to this country by the steamer Nippon Maru, arriving Friday. Despite the cold air the Igorrotes , almost naked, stood about the steerega deck of the liner and gazed with awe upon the surrounding evidence of civilization. The rumor spread on board tha the head-hunters had been imported by Patrick Calhoun for the purpose of breaking the car strike, but this was denied by R. Schneidewind, who is bringning the Igorrotes to this country.
    1916- Norman Rockwell's first cover for the Post, depicting a boy having to care for his infant sibling—pushing the baby carriage while his buddies set oft to play ball—appeared on the May20 edition. His last Post cover appeared in 1963.
     May 20-21,1927- Captain Charles Lindbergh, 25-year old aviator, departed from rainy, muddy Roosevelt Field, Long Island, NY, alone at 7:52am this day in 1927 in a Ryan monoplane named Spirit of St. Louis.  He landed at Le Bourget airfield, Paris, at 10:24pm Paris time ( 5:54pm NY time, May 21, winning a $25,000 prize offered by Raymond Orteig for the first nonstop flight between New York City and Paris, France (3,600 miles ). The "flying fool" as he had been dubbed by some doubters became "Lucky Lindy," an instant world hero.
    1920 -The Chicago police, dressed as soldiers and farmers, raid the Wrigley Field bleachers arresting two dozen Cub fans for gambling as Grover Cleveland Alexander blanks the Phillies, 6-0.
    1931-Kenton Lloyd “Ken”Boyer, baseball player and manager, born at Liberty,MO. Boyer was an exceptional third baseman for the St. Louis Cardinals, winning the National League MVP awards in 1964.  He managed the Cards from 1978 though June 8, 1980. Died at Ballwin,MO, Sept 7,1982.
    1932- Amelia Earhart became the first woman to fly solo across the Atlantic this day .
    1941-Harry James records “ You Made Me Love You,” putting the band on top!
    1942-Glenn Miller Band records “ I've Got a Gal in Kalamazoo.” Victor.
    1944-The Stan Kenton Band with Anita O'Day records “ And Her Tears Flowed Like Wine.”  
    1944-Singer  Joe Cocker Birthday  http://www.cocker.com/
     1945- Cher, whose full name is Cherilyn Sarkasian LaPier, was born in El Centro, California. She and husband Sonny Bono enjoyed great success beginning in 1965 with the chart- topping "I Got You Babe." Sonny and Cher became household names with their TV series which ran from 1971 to '75. But a marriage breakup also ended their professional career together. Cher went on to a successful career as a singer and an actress, hitting number one with three singles in the early '70s, "Gypsies, Tramps and Thieves," "Half-Breed" and "Dark Lady." She revived her singing career in 1988 with two top-20 singles, "I Found Someone" and "We All Sleep Alone." Recently, she scored a hit with the resurrected 'I got you babe' performed with MTV's Beavis and Butthead.
http://www.cher.com/
http://www.cherworld.com/
    1948- In front of only 5,001 fans in Chicago, Joe DiMaggio strokes four extra base hits for the fourth time in his career as he hits for the cycle for a second time in a 13-2 rout of the White Sox. The 'Yankee Clipper' paces the Bombers' 22-hit attack with a two home runs, a triple, a double and a single and drives in 6 runs.
    1951-The first “Ace” to fly a jet was Captain James Jabara of Wichita, KS, a member of the fourth Fighter Interceptor Wing, who shot down his first and sixth enemy Mig Jet airplanes this day in 1951 over Sinjuiju northwest Korea.  He eventually defeated 15 Migs over Korea and became the second triple jet ace. ( the first Triple jet ace was Captain Joseph Christopher McConnell,Jr., who shot down 16 MiG-15s.  He shot down three in one day, May 18. He completed 106 missions in Korea.  His neighbors built him a house in Apple Valley, CA, known as Appreciation House.   He was killed August 24, 1954 at Edwards Air Force base, CA, while testing a new plane, an F-86H.)
    1951-The first "Ace" to fly a jet was Captain James Jabara of Wichita, KS, a member of the fourth Fighter Interceptor Wing, who shot down his first and sixth enemy Mig Jet airplanes this day in 1951 over Sinjuiju northwest Korea. He eventually defeated 15 Migs over Korea and became the second triple jet ace. ( the first Triple jet ace was Captain Joseph Christopher McConnell,Jr., who shot down 16 MiG-15s. He shot down three in one day, May 18. He completed 106 missions in Korea. His neighbors built him a house in Apple Valley, CA, known as Appreciation House. He was killed August 24, 1954 at Edwards Air Force base, CA, while testing a new plane, an F-86H.)
    1953-In just their 13th game of the season, the Braves, in their first year in Milwaukee, surpassed their total of 1952 attendance of 28,1278, their last year in Boston.
    1954- Bill Haley's "Rock Around the Clock" was released. The record was not a hit until after it was included in the soundtrack of "Blackboard Jungle" the following year.
http://www.history-of-rock.com/haley.htm
    1956---Top Hits
Heartbreak Hotel/I Was the One - Elvis Presley
The Wayward Wind - Gogi Grant
I'm in Love Again - Fats Domino
Blue Suede Shoes - Carl Perkins
    1957 - A tornado touched down to the southwest of Kansas City and traveled a distance of seventy-one miles cutting a swath of near total destruction through the southeastern suburbs of Ruskin Heights and Hickman Mills. The tornado claimed the lives of forty-five persons, and left hundreds homeless. It was the worst weather disaster of record for Kansas City. About all that remained of one house was a small table and a fish bowl atop, with the fish still swimming about inside the bowl, rather unconcerned.
    1961- A white mob attacked a busload of Freedom Riders in Montgomery, Ala., prompting the federal government to send in United States marshals to restore order.
http://www.nytimes.com/learning/general/onthisday/big/0520.html
    1964---Top Hits
My Guy - Mary Wells
Love Me Do - The Beatles
Ronnie - The 4 Seasons
My Heart Skips a Beat - Buck Owens
    1967-Only a week after surrendering the top of the R&B chart to Martha & the Vandellas, Aretha Franklin retakes the top spot with "Respect." A tune that will also be Number One on the pop chart. It was originally recorded and written by Otis Redding who would say he prefers Franklin's version to his own
    1972---Top Hits
The First Time Ever I Saw Your Face - Roberta Flack
Oh Girl - Chi-Lites
I'll Take You There - The Staple Singers
Grandma Harp - Merle Haggard
    1973 - Ken Moore beat 4,030 competitors to win the 63rd Bay-to-Breakers footrace in San Francisco, CA. Moore stepped his way to the finish line in 37 minutes, 15 seconds over a course measured at 7.8 miles.
    1978 - Mavis Hutchinson, 53, made it to New York City to become the first woman to run across America. The 3,000-mile trek took her 69 days. She ran an average of 45 miles each day. Now that's what we call a daily workout.
    1980---Top Hits
Call Me - Blondie
Ride like the Wind - Christopher Cross
Lost in Love - Air Supply
Gone Too Far - Eddie Rabbitt
    1982 - TV's "Barney Miller" was seen for the last time in its original network run on ABC-TV. Hal Linden as Barney, Abe Vigoda as Fish and a talented cast continue to bring the fictional 12th Precinct to TV screens through syndication.
http://timstvshowcase.com/bmiller.html
http://www.zxcproductions.com/web/Abe/abe.html
    1985 - The Dow Jones industrial average broke the 1300 mark for the first time. The Dow gained
19.54 points to close at 1304.88.
    1985-The game between the Milwaukee Brewers and the Cleveland Indians in Cleveland was rained out. Remarkably, this was the first rainout of the season in either league, after a major-league record 485 games had been played without a postponement.
    1985 - Larry Holmes retained the heavyweight boxing title of the International Boxing Federation at Reno, NV by defeating Carl Wilson in 15 rounds. The fight marked the first, heavyweight title fight in Reno since Jack Johnson and Jim Jeffries duked it out in 1910.
    1985-Daryl Hall and John Oates headlined a concert for the grand re-opening of the legendary Apollo Theatre in Harlem. The show benefited the United Negro College Fund and also featured two of the original Temptations, David Ruffin and Eddie Kendrick.
    1987 - The Milwaukee Brewers ended a 12-game losing streak by beating the Chicago White Sox by a 5-1 score. The Brew Crew had opened the season winning 13 games in a row.
    1988 - Thunderstorms in the south central U.S. produced wind gusts to 70 mph at Omaha, NE, and wind gusts to 80 mph at Midland and Dallas, TX. Temperatures in California soared into the 90s and above 100 degrees. San Jose CA reported a record high of 97 degrees.
    1988---Top Hits
Anything for You - Gloria Estefan & Miami Sound Machine
Shattered Dreams - Johnny Hates Jazz
One More Try - George Michael
I'm Gonna Get You - Eddy Raven
    1990 - Thunderstorms produced severe weather across the southeastern quarter of the nation through the day and night. Severe thunderstorms spawned six tornadoes, including one which injured two persons at Algoma, MS, and another which injured nine persons at Rogersville, MO. There were 119 reports of large hail or damaging winds. Thunderstorms produced baseball size hail at Houston MO and damaging winds which killed one person at Toccoa GA.
    1995-Don Henley marries Sharon Summerall in Malibu. Among those present and who performed were Bruce Springsteen, Billy Joel, Sting and Tony Bennett.
    2001- Barry Bonds becomes 13th player in major league history to hit home runs in four consecutive at-bats. The Giant outfielder went yard in his final two at-bats yesterday and homers in his first two official turns at the plate today.

 

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