Monday, November 24, 2014
Today's Equipment Leasing Headlines
In Buffalo, NY, Blue Bridge Financial Open, but...
Top Stories: November 19-November 21
Opened Most by Readers of Leasing News
Leasing to Franchises
By Tom McCurnin, Leasing News Legal Editor
Leasing 102 by Mr. Terry Winders, CLP
How Much Do You Know?
Books on Leasing
Leasing Industry Ads---Help Wanted
“Offer Not What Looking for…What do I do Next?”
Career Crossroad---By Emily Fitzpatrick/RII
Bielinski Sees Changes in Restaurant Industry
Wine for Thanksgiving
Leasing News Icon for Android Mobile Device
Chart --- Payment Cards on File for Car-Hailing Apps
Saint Bernard/Alaskan Malamute
Erie County, New York Adopt-a-Dog
eLease Charged with Collecting Advance Fee in Florida
Credit card swiping machine lease scam--Northern Leasing Again
SunTrust moves equipment finance group from Towson to
Obama Clears Path to Bank Accounts for Undocumented Immigrants
Troy bank grows assets by more than 7,000% in 5 years
What $1,500 in rent gets you in 10 cities
Solar and Wind Energy Start to Win on Price vs. Conventional Fuels
Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months
www.leasingcomplaints.com (Be Careful of Doing Business)
Leasing News Icon for Android Mobile Device
You May have Missed---
SparkPeople--Live Healthier and Longer
California Nuts Brief---
"Gimme that Wine"
This Day in American History
Weather, USA or specific area
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In Buffalo, NY, Blue Bridge Financial Open, but...
Shaun Michael Maciejewski of Blue Bridge Financial, Buffalo, New York, reports:
"Although our Buffalo office was out of the path of the lake effect snow that dumped over 7 feet of snow just a few miles south of us, a few of our employees have been stranded in their hometowns, unable to leave. From a broker perspective here at Blue Bridge, several have talked to our Broker Relations Manager Renee Hazard who lives in the center of the action (North Evans, NY). She sent us a few photos that I have attached:"
(These ads are “free” to those seeking employment
or looking to improve their position)
Credit, syndication, workout experience
Exceptional work ethic, common sense coupled with practical experience in equipment finance, consumer, commercial. Can interact with all levels of borrowers and intermediaries. Not an originator – but can help sales team close – great up sell ability. Will relocate for the right opportunity AND can work firstname.lastname@example.org
As a Commercial Credit Analyst/Underwriter, I have evaluated transactions from sole proprietorships to listed companies, across a broad spectrum of industries, embracing a multitude of asset types. Sound understanding of balance sheet, income statement and cash flow dynamics which impact credit decisions. Strong appreciation for credit/asset risk.
Free Posting for those seeking employment in Leasing:
All “free” categories “job wanted” ads:
Top Stories: November 19-November 21
Opened Most by Readers of Leasing News
(1) Direct Capital Chris Broom Buys $8 Million Home
Appears Keeping Former Tyco President Mansion in NH
(2) New Hires---Promotions in the Leasing Industry
(3) What the Marlin 3rd Quarter Press Release Did Not Include
From Form 10-Q Period Ended September 30, 2014
(4) Leasing 102 Terry Winders, CLP
Computer Based Pricing
(5) Here's What It Costs To Open a McDonald's Restaurant http://finance.yahoo.com/news/heres-costs-open-mcdonalds-restaurant-142630479.html
(6) Beware Congress May Pass Changes if FASB Does Not Brief Lease Accounting Washington, DC, Up-date by Shawn Halladay
(7) Archives: November 21, 2000
"Others Award" Goes to Kit Menkin
(8) Channel Partners October's Last 20 Deals
(9) Lucky Airline Let Off the Hook in EAR Bankruptcy
By Tom McCurnin, Leasing News Legal Editor
(10) Classic Tom McCurnin on “Origin of Suretyship Defenses”
Robin Hood, The Evil Prince John, The Knights Templar,
and the Magna Carta
By Tom McCurnin, Leasing News Legal Editor
Leasing to Franchises
By Tom McCurnin
Leasing News Legal Editor
An Equipment Lease to Franchisee Sounds Easy, But Revolving Door Franchisees, Fixture Filings, and Nasty Franchisors May Present Challenges. Can a Lessor Properly Underwrite a Lease to a Franchisee?
Frontier Leasing Corp. v. Advanced Mailing Systems, Inc., 789 N.W.2d 436 Iowa Ct. App. 2010)
Equipment lessors have a love affair with franchisors, and for a lot of good reasons. First, as a national vendor, the franchisor can direct franchisees to the lessor. Second, the lessor can fund deals for the franchisor which have been pre-screened by the franchisor for credit. Finally, there is a perception that doing business with a franchisee location is safer. Sadly, many of these assumptions are wrong.
First, although a vendor relationship can be of benefit to the lessor, the vendor will want many deal points in the vendor agreement, such as funding deals above a certain credit score (or a percentage of approvals), credit decision turn-around time, and perhaps remarketing rights to the equipment.
Will the lessor want to blindly fund deals over a certain credit score? Possibly, but the devil is in the details, so funding a 600 credit score is not the same as funding a 750 credit score. Franchisees will typically have a lot of debt associated with the location, including real estate lease payments, salaries and food costs. A few months of poor operation can turn a solvent lessee into an insolvent lessee.
Many franchisors want lessors to commit to approval numbers based on certain assumptions. The sales department of the franchisor will expect the lessor to meet those target numbers, and it is not unusual for the sales force to fudge the numbers a bit, to fit the proposed franchisee into an approval category. This often results in friction between the lessor and the franchisor’s sales force.
Remarketing of repossessed equipment sounds innocuous enough, but unless lessors are familiar with static locations and fixture rights in the State in which the lease is made, remarketing may be more of a benefit to the franchisor. The reason is that the franchisor may churn a location, shuffling in serial franchisees into a specific location, and at each instance a “re-sale” of the equipment, which of course results in a fee to the franchisor. Lessors need to understand the health of the franchise, from the franchor’s standpoint, so default rates and franchisee turn ratios become keys to underwriting. A quick look on PACER (or other electronic dockets) for lawsuits against the franchisor may be educational.
Much of the equipment in a franchise location may be build-outs and fixtures, which will have little value to the lessor upon default. Other equipment may have some value, but may be a fixture. Typically, the equipment’s highest and best use will be to the new franchisee, if the franchisor can secure one for the location. Will the lessor underwrite this franchisee as well, or will it be at the mercy of the franchisor?
Finally, who will handle the documentation? Often the franchisor will submit loan applications, financial statements, and will handle signatures for the lessor. While this may sound appealing, today’s case demonstrates that the lessor should handle its own signature gathering. If the franchisor obtains the signatures, will it rep and warrant their validity?
A lessor, Total Lease Concepts entered into an equipment lease with a franchisee Advanced Mailing Systems. One of the signers was Melinda Lirones, a bookkeeper who held no equity interest in the franchise, but signed the lease. Later, someone inserted a typewritten “President” below her name. She also signed a personal guaranty.
The franchisee went into default.
Total Lease Concepts assigned the lease and the assignee sued Ms. Lirones. She countered with the argument that she merely signed the lease as agent for the franchisee and held no position at the franchisee other than as a bookkeeper. As far as her personal guaranty goes, she argued that she never read it.
The lease had a waiver of defenses clause, which I would characterize as a hell and high water clause on steroids. This type of clause may state, “Lessee agrees not to raise any claim or defense which lessee may have against lessor arising out of the lease or otherwise as a defense, counterclaim, or offset to any action by assignee or secured party hereunder.”
Ms. Lirones argued that she had no idea what she was signing, essentially fraud in the inducement by the franchisee. The court found her testimony credible. Nor did she have a reasonable opportunity to discover what she signed, as she had only worked for the franchisee less than a week. There was no testimony that the franchisee explained the documents to her. Again, the court found her testimony credible and dismissed the suit by Frontier against Ms. Lirones. The lessor lost, the lessee won.
What are the lessons here?
First, it seemed clear to me that the franchisee handled all the signatures and communicated with the franchisor about them. The equipment lessor should have been personally involved in the handling of the underwriting and signature gathering. Bear in mind that the franchisor’s sales force won’t care if the lessor makes a bad deal or not, once the deal is funded. The sales force will drop the lessor like 4th period French.
Second, assuming Ms. Lirones signature was not authorized, what did that do to the security interest in the equipment? Presumably, the lessor lost rights to the equipment as well.
Third, where were the underwriters when all this came down? Did the lessor obtain articles of formation, by-laws, or proper corporate resolutions? From whom? How did the lessor verify those documents?
The bottom line to this case is that leasing to a franchisee while seemingly appealing is fraught with some measure of risk. Proper documentation and underwriting is key to having a successful relationship with a franchisor.
Frontier Leasing Case
Tom McCurnin is a partner at Barton, Klugman & Oetting
in Los Angeles, California.
Barton, Klugman & Oetting
350 South Grand Ave.
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at www.bkolaw.com
Previous Tom McCurnin Articles:
How Much Do You Know?
I have been training people to know more about the Commercial leasing profession for over thirty years and I have found that the most successful people and leasing firms have been the most educated. Ours is an industry that must deal with a complex set of rules and regulations and how they interact with each other. You cannot expect to learn it from any university or schools of higher learning so you must look to books on leasing and classes provided by our national trade associations or a few teachers that have lived through the development of these rules and regulations and can therefore explain the thought behind their development.
One of the difficulties or road blocks to learning commercial leasing is the quantity of information you need to know. I know from experience that many people believe that their employees can learn everything they need to know from one day of training and yet if you look at the body of knowledge required by the CLP foundation you would see that it would take a concentrated effort of many weeks and years to gain the knowledge necessary to become a Certified Leasing Professional (CLP). That is why they created the leasing Handbook. It presents leasing in an understandable way.
The three book series offered by the Practicing Law Institute, on commercial equipment leasing, is a key to the complexity of this business because it would take a few weeks to get through it and only covers the legal and tax approach. Credit and accounting must be learned elsewhere.
The list of requirements to be a true professional in the commercial leasing business is long and complex because you must understand all types of leases and how they relate to the rules of the road irrespective of what limited array of products or leases you have to offer. In addition many of the rules we rely on are constantly changing requiring a constant diligence to determine its effect on your approach to the business.
The changes in accounting for leases proposed for next year and the possibility of major income tax deduction changes means that everyone should seek out training to be able to make the appropriate adjustments to their marketing effort.
In addition, funding may change as your product base changes so you need to anticipate as many of the changes as you can and address them with your funding source.
Educating your funding source, if it is not a lessor, is a constant challenge to eliminate the fear of the unknown. Many banks fear residuals, or PUTs, and need to be trained on the value of leasing to remain interested in leasing transactions.
Training is necessary, but some say they do not have the time or it is too expensive. However, knowing the rules and regulations are necessary if you want to be successful next year so look for ways to improve your knowledge and allocate the time to get it right.
I strongly recommend taking advantage of the education courses
that many of the leasing and finance association offer to members,
as well as working toward becoming a Certified Leasing Professional.
For more information, please go here:
Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at email@example.com or 502-649-0448.
He invites your questions and queries.
Previous #102 Columns:
|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.
(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)
Books on Equipment Leasing by Source:
Certified Leasing Professional (CLP) Foundation
Leasing Industry Help Wanted
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“Offer Not What I Was Looking for…What do I do Next?”
Career Crossroad---By Emily Fitzpatrick/RII
I am looking to accept an offer that is not quite what I hoped for, but I am still interested in the overall opportunity. Might you have any suggestions?
If you are not pleased with the present salary offered, you still have options other than accepting or rejecting the offer as it stands. Continue this topic in a calm and professional manner. If you feel the salary could do with a boost, say so. At the point that the salary conversation has run its course, begin talking about future remuneration. You can try negotiating other types of compensation arrangements.
- A Sixty, Ninety-Day (or other number) Performance Review with an increase attached to the review is often used for sales-type positions; this gives the Account Rep time to demonstrate abilities and success’
- A Year-End Bonus – base the realism of bonus exceptions on a five-year performance history
- A Sign On / Signing Bonus – this is a one-time lump sum, just remember this bonus will not be figured in for a year-end review; raises are based on your actual salary
- Other Non-Cash Items such as insurance and car allowance
Make sure what has been successfully negotiated is in writing as part the formal offer letter. Keep your negotiations and final compensation plan confidential from other employees. If an employer wanted to incorporate these “perks” into their company-wide compensation plan, they would have. Having to renegotiate with their current employees will not bode well for you come review time!
Recruiters International, Inc.
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Career Crossroads Previous Columns
Bielinski Sees Changes in Restaurant Industry
“Fast casual chains are changing the landscape of the restaurant sector through customization and better food quality, and by creating more comfortable environments,” said Bob Bielinski, Managing Director of the Restaurant Industry Practice for CIT Corporate Finance at CIT Group Inc. “These chains are seeing growth because they are rewriting the rules of the business and are adept at meeting consumer needs, while continuing to add units and grow sales.”
Many quick serve chains and casual dining restaurants are reacting by remodeling restaurants, improving the quality of their food and utilizing new technology. As a result, these companies will likely seek financing to invest in their restaurants and improve their overall value proposition.
Bielinski offers other insights and takeaways on the U.S. restaurant sector, including:
• Casual dining restaurants continue to struggle: Same store sales are mixed and traffic trends are weak. Chains that are faring better have an offering that resonates with their core customers.
• Franchisee consolidation is likely to continue at a rapid pace: With franchise owners retiring, small and large franchisees looking to acquire stores, and big domestic chains selling their corporate stores, the space will likely see more consolidation in 2015.
• Private equity interest remains high: Private equity firms have shown that they’re very interested in backing restaurant companies and large franchisees and will continue to do so if the debt markets support it. Looking ahead, as private equity firms look to divest their portfolio companies, activity is likely to accelerate in 2015 if the capital markets are strong and the economy continues to improve.
• Bank regulations could impact the sector: Regulations could put added pressure on restaurant companies’ ability to build their businesses. Restaurants rely heavily on debt and need capital for remodels, new units, and acquisitions.
• Potential interest rate increases may pressure the sector: The economic recovery should continue to drive increased sales and profits for restaurant companies, so that any increase in interest rates would be manageable. If the industry lags and sales don’t keep pace with the overall economy, then rising interest rates could present issues for the sector.
Wine for Thanksgiving
Zinfandel, Pinot Noir, Merlot and even Cabernet Sauvignon are wasted on a Thanksgiving dinner. Never Chardonnay, even a cheap one that is well over oaked; even if you put ice cubes in it. You might have one before as a cocktail, but never-never with the main meal. They have conflicting flavors for such a meal.
German white wine works best. Ask the wine person at your store about which ones he thinks are best. I personally think German wines are much underrated here in the United States. We are used to the cheap ones, but get a good one, and you'll start to explore others.
When I mentioned German wine, it also means German grapes. I think they are much fruiter when grown in California. For instance, Gundlach Bundschu Gewürztraminer is a great wine to accompany a turkey dinner; a Sonoma County winery: http://www.gunbun.com/
Besides wine, perhaps the best accompaniment to go with turkey and stuffing is a cold beer in a glass. If your food is more on the sweet side with cranberry's and sweet potatoes, then a sweet type beer such as Gordon Biersch Marazen or one of my favorites, a French beer: La Belle Strasbourg; marries best with a country course pate.
Or your favor beer; any good, cold beer, and the larger the glass, the better (not bottles or cans, and not for etiquette reasons—it inhibits the “carbon dioxide” and the beer bouquet.)
The next best is Champagne, cold. Again, it is extra dry (sweeter if that is the flavor of the table—never Brut)
• Extra sec or extra dry: slightly sweeter; 1.2 to 2 percent sugar (this is the one)
• Sec: medium sweet; 1.7 to 3.5 percent sugar (dessert wine)
• Demi-sec: extra sweet; 3.3 to 5 percent sugar (dessert wine)
• Doux: very sweet; over 5 percent sugar (dessert wine)
I would NOT recommend the others, especially brut. Brut: bone dry to almost dry; less than 1.5 percent sugar (not with turkey.) You can also find Champagne Rose extra dry (don't think this is a cheap version, as some of the best Champagne Rose are also often more expensive than the Chardonnay based ones.)
Sparkling Apple Cider, cold, might be a good choice. Not hot. It also can sneak up on you, if you drink too much.
And for those who don’t want to take any chances of what to serve, a cold box of Chablis you put in the refrigerator will work, honest.
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Open www.leasingnews.org in the mobile devicde, then click the link to download the icon. Your mobile device has a download section, as your computer does, find the .apk file and open it. It will be placed with all icons and you can drag it to your face or page you want on your mobile device.
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Saint Bernard/Alaskan Malamute
Erie County, New York Adopt-a-Dog
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Saturday: 10 a.m. until 5 p.m. (pre-approvals close at 4:30 p.m.)
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Leasing Industry Outsourcing
(Providing Services and Products)
Outsource Lease Syndications
Add a capital markets independent contractor and offer world-class syndications (buy and/or sell) capability for commission-based compensation. 30+ Years’ experience with major lessors (BofA, Chase, Fleet, Verizon). Sales, underwriting, capital markets and executive background. Ivy League undergrad and MBA. Well known in industry. Impeccable references. firstname.lastname@example.org or (203) 652-1387
All "Outsourcing" Classified ads (advertisers are both requested
and responsible to keep their free ads up to date:
How to Post a free "Outsourcing" classified ad:
|John Kenny Receivables Management
• End of Lease Negotiations & Enforcement
• Fraud Investigation
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(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)
This Day in American History
1703 – The first Lutheran pastor in America, Justus Falckner in Philadelphia, is ordained.
1713 - Birth of Father Junipero Serra, Spanish missionary to western America, at Petra, Majorca, Spain. From 1769, he established 9 of the first 21 Franciscan missions founded along the Pacific coast in California from San Diego to San Francisco, and baptized some 6,000 Indians before his death in 1784. In doing so, he erased the California Indian culture and way of life, often in a cruel manner, but he was on a “mission”. Studying Fr. Serra and the California missions is part of California elementary school curricula to learn about the Catholic churches built in California. He is credited with helping to bring “civilization” to the California coast, including vineyards, teaching them to farm and raise livestock. Fr. Serra was beatified by Pope John Paul II on September 25, 1988. Beatification is the third of four steps in canonization toward sainthood. He recently has been criticized by historians for his cruelty to the Indians to convert them to Christianity
and way of Spanish life during this time period.
1759 – Mt. Vesuvius erupted.
1784 - Zachary Taylor's birthday. The soldier who became twelfth president of the US was born at Orange County, Virginia. Term of office: March 4, 1849-July 9, 1850. He was nominated at the Whig party convention in 1848, but, the story goes, he did not accept the letter notifying him of his nomination because it had postage due. He cast his first vote in 1846, when he was 62 years old. Becoming ill July 4, 1850, he died at the White House, July 9. His last words, "I am sorry that I am about to leave my friends."
1812 - Southwesterly winds of hurricane force sank ships and unroofed buildings at Philadelphia and New York City.
1832 - South Carolina passes Ordinance of Nullification to challenge Federal government rights over states, starting with tariff laws and other issues. Historians view this as the first sign of a secession from the United States.
1835 - Texas Rangers, a mounted police force, were authorized by the Texas Provisional Government. Rangers served primarily as volunteers since government offers of payment rarely materialized. In 1835, as the movement for Texas independence was about to boil over, a council of colonial Texas representatives created a "Corps of Rangers" to protect the frontier from hostile Indians. For the first time, their pay was officially set at $1.25 a day and they were to elect their own officers. Settlers rebelled against the Mexican government in 1836 over violations of their rights and the suspension of immigration from the U.S and Europe. The Texas Rangers played an important but little known role in this conflict. They covered the retreat of civilians from dictator Santa Ana's army in the famous "Runaway Scrape," harassed columns of Mexican troops and provided valuable intelligence to the Texas Army. The only men to ride in response to Col. William B. Travis' last minute plea to defend the Alamo were Rangers who fought, and died, in the cause of Texas freedom.
1838 - Canadian Sulpician missionary François Blanchet, 43, first arrived in the Oregon Territory. A native of Quebec, he spent 45 years building churches in the American Northwest, and is remembered today as the "Apostle of Oregon."
1852 - Commodore Matthew Perry sails from Norfolk, VA, to negotiate a treaty with Japan for friendship and commerce.
1859 - Evolutionary theorist Charles Darwin's “Origin of the Species” is published.
1859 – Birthday in Zanesville, OH of the architect of the Supreme Court and Woolworth Buildings. Cass Gilbert was also the designer of the capital building in St. Paul, MN. He died on May 17, 1934.
1863 - “Battle of Lookout Mountain.” Part of a major three day major Civil War battle, after reinforcing the besieged Union army at Chattanooga, Tennessee, General Ulysses S. Grant launched the Battle of Chattanooga. Evidently falsely secure in the knowledge that his troops were in an impregnable position on Lookout Mountain, Confederate General Braxton Bragg and his army were overrun by the Union forces. Bragg himself barely escaped capture. The battle is very famous for the Union Army's spectacular advance up a heavily forced slope into the teeth of the enemy guns. Many historians claim this victory gave Grant the momentum of his campaign. Pre-frontal clouds obscured the upper battlefield, aiding a Union victory.
1868 – Ragtime composer and pianist Scott Joplin was born at Texarkana, Texas. During his brief career, he wrote 44 original ragtime pieces, one ragtime ballet, and two operas. One of his first pieces, the “Maple Leaf Rag”, became ragtime's first and most influential hit, and has been recognized as the archetypal rag. Joplin died in 1917 in NYC. http://www.scottjoplin.org/biog.htm
1869 – The American Woman's Suffrage Association was formed in Cleveland.
1871 - The National Rifle Association was organized and chartered in New York City with 35 members. Its first shooting meet was held on April 25, 1873 at Creedmore, NY. The contestants included nine regiments of the New York National Guard, one regiment of the New Jersey National Guard, the U.S. Engineers, and a squad of regular servicemen from Governors Island. The first president of the association was General Ambrose Everett Burnside, who had commanded the Army of the Potomac during the Civil War.
1874 - Joseph F. Glidden patents barbed wire
1877 – Birthday of Truman’s Vice President Alben Barkley at Lowes, KY. A career politician, he grew from a Kentucky legislator to the US House and Senate. Barkley died in 1956.
1880 - In Montgomery, AL, more than 150 delegates from Baptist churches in 11 states met to form the Baptist Foreign Missions Convention of the United States. Liberian missionary William W. Colley was chief organizer, and the Rev. William H. McAlpine was elected the first president.
1887 - Anglo-American theologian Mary Ely Lyman’s birthday. She received her B.D. from Union Seminary in 1919 as the only woman in the class. Was not allowed to attend the commencement luncheon and had to sit in the balcony with faculty wives during the graduation ceremony even though she was the ranking scholar of her class. She attended two years at Cambridge on a fellowship and was refused a degree or a transcript because of her sex. She taught religion at Barnard College from 1919-1940 and taught at Union Seminary along with her husband. She was dean and professor of religion at Sweet Briar College. In 1950, became the first woman to hold a faculty chair at Union Seminary although a few years earlier she had been terminated because her husband (15 years her senior) had retired and it was "assumed" she would be retiring also.
1888 - Birthday of Dale Carnegie, American inspirational lecturer and author, at Maryville, MO. His best known book, “How to Win Friends and Influence People,” published in 1936, sold nearly five million copies and was translated into 29 languages. Carnegie died at New York, NY Nov 1, 1955. Currently, Dale Carnegie Course franchises proliferate globally, providing innumerable online and in-person instruction in self-development and interpersonal skills.
1896 - The first absentee voting law was enacted by Vermont. According to its provisions, a voter could obtain a certificate declaring that he was qualified to vote in the state. He could then vote for state officers at any election booth in the state.
1896 - Birthday of singer Rosa Henderson (born Rosa Deschamps), Henderson, KY
1897 – Birthday of Mafia don Charles “Lucky” Luciano at Lercara, Friddi, Sicily. His family immigrated to lower Manhattan in 1907. While a teenager, Luciano started his own gang. Unlike other street gangs whose business was petty crime, Luciano offered protection to Jewish youngsters from gangs for ten cents per week. It was during this time Luciano met Jewish teenager Meyer Lansky, his future business partner and close friend. Prohibition provided Luciano his first big opportunity that he parlayed into gambling, with Arnold Rothstein, liquor importing, prostitution, and other ills. The recent organization structure or organize crime was largely of his design but it did not protect him from deportation once the US was able to convict him in 1938. During World War II, the U.S. government struck a secret deal with the imprisoned Luciano. In 1942, the U.S. was concerned about German and Italian agents entering the United States through the New York waterfront. They also worried about sabotage in these facilities. Knowing that the Cosa Nostra controlled the waterfront, the Navy contacted Meyer Lansky about a deal with Luciano. The Navy, the State of New York and Luciano eventually concluded a deal. In exchange for a commutation of his sentence, Luciano promised the complete assistance of his organization in providing intelligence to the Navy and strike prevention by dockworkers. On January 3, 1946, as a presumed reward for his alleged wartime cooperation, NY Governor Thomas Dewey reluctantly commuted Luciano's pandering sentence on condition that he did not resist deportation to Italy. Although he never entered the US again, he was prominent in Cuba’s rise as a gambling mecca at that time. Luciano died in 1962 at the Naples airport of a heart attack.
1906 – The Massillon Tigers took a 13-6 victory over the Canton Bulldogs for the Ohio League Championship. Allegations arose that the championship series was fixed and the first major scandal arose in US pro football.
1911 – Sky King’s birthday. Actor Kirby Grant was born.
1917 - Nine members of the Milwaukee Police Department are killed by a bomb, the most deaths in a single event in U.S. police history until the September 11 attacks in 2001.
1918 – Birthday of piano player/organist/arranger Bill “Wild” Davis, Glasgow, Mo. http://www.theiceberg.com/artist/28016/wild_davis.html
1919 - The Oscar Mayer Company reopens a meat-packing plant on Madison's east side. The company searched for skilled workers in a recruiting frenzy that included a sweep of Milwaukee's Polish saloons during the Cudahy packing-plant strike. The Oscar Mayer plant had been operated by the Farmers' Cooperative Packing Company, which formed under a strongly worded state law encouraging cooperatives. Prior to the cooperative's opening in 1917, Madison-area farmers had no choice but to sell their pigs and cattle to the Chicago beer trusts. Response to the cooperative was enthusiastic -- 5,000 area farmers bought nearly 600,000 dollars of stock in the new enterprise. The nation had only two other farm-owned cooperative packing plants, both in Wisconsin. But faced with mounting wages and operating losses, and no real prospect of new capital, the cooperative was forced to sell the plant to the Chicago firm, Oscar F. Mayer & Brother.
1921 – Former NYC Mayor John V. Lindsay was born in NYC. During the transit strike that was called on the day he took office, Lindsay walked to work, remarking that New York was a Fun City. The name took. Lindsay died in 2000.
1922 – Pianist Teddy Wilson born Austin, Texas.
1923 - Birthday of baritone sax player Serge Chaloff, Boston, MA
1923 - Birthday of harmonica player Earl Payton, Pine Bluff, AR
1924 - The first “Corn-husking championship” was held on a farm near Alleman, Polk County, IA. There were six contestants. The winner was Fred Staek of Webster County, IA, who husked 1891 pounds in 90 minutes.
1925 - Eugene O'Neill Theater opens at 230 W 49th St. New York City
1925 - Birthday of sax player Al Cohn at Brooklyn NY
He was one of the four tenor saxophone players known as the “Four Brothers:” Serge Chaloff, Stan Getz, Zoot Sims and Herbie Stewart. Later, Al Cohn replaced Herbie Stewart. Jimmy Giuffre, also replaced Zoot Sims on Tenor sax (Guiffre is known as a great clarinet player. But what is best known beside the sound, is the tune arranged by Jim Guiffre with Serge Chaloff on baritone sax and Stan Getz, Zoot Sims, and Al Cohn on tenor sax.
1925 – William F. Buckley, Jr. was born in NYC. A conservative author and commentator, he founded the political magazine “National Review” in 1955, which had a major impact in stimulating the conservative movement. He hosted 1,429 episodes of the television show “Firing Line” from 1966 until 1999, where he became known for his accent and wide vocabulary that became grist for the comedians of the time. He also wrote a nationally syndicated newspaper column, and wrote numerous spy novels. He died in 2008
1930 – The first woman pilot on a transcontinental air flight was Ruth Nichols in a Lockheed-Vega. The flight from Mineola, New York to California took 7 days.
1932 - The FBI Scientific Crime Detection Laboratory officially opens in Washington, D.C. The lab, which was chosen because it had the necessary sink, operated out of a single room and had only one full-time employee. In fact, J. Edgar Hoover, the head of the FBI, provided the lab with very few resources and used the "cutting-edge lab" primarily as a public relations tool. But by 1938, the FBI lab added polygraph machines and started conducting controversial lie detection tests as part of its investigations. In its early days, the FBI Crime Lab worked on about 200 pieces of evidence a year. By the 1990s, that number multiplied to approximately 200,000. Currently, the FBI Crime Lab obtains 600 new pieces of criminal evidence every day.
1933 - Singer Bessie Smith, 38, cuts her last record, “I'm Down in the Dumps.” Smith was the most popular female blues singer of the 1920s and 1930s. She is often regarded as one of the greatest singers of her era and, with Louis Armstrong, a major influence on other jazz vocalists. She would die in an automobile accident in 1937.
1937 - The Andrews Sisters record “Bei Mir Bist Du Schoen” (Decca). We had dinner once next to the two surviving sisters and their husbands at the Bellagio in Las Vegas, Nevada. They still looked great and appeared to be very gracious people.
1938 – Birthday of ‘The Big O’, NBA Hall of Famer Oscar Robertson at Charlotte, TN. He is the only player in NBA history to average a triple-double for a season. 14-time All-Star and a member of the All-NBA team, he was also elected to the Naismith Collegiate Basketball Hall in its inaugural class in 2006. Robertson was also an integral part of the “Oscar Robertson Suit” of 1970. The landmark antitrust suit, named after the then-president of the NBA Players’ Assn, led to an extensive reform of the league's strict free agency and draft rules and, subsequently, to higher salaries for all players.
1940 – Former NFL Commissioner Paul Tagliabue was born in Jersey City. Judging by recent headlines, he left office just in time.
1941 - Birthday of bass player Donald “Duck” Dunn, of Booker T. & The MG's, at Memphis, TN. Perhaps best known for playing himself in “The Blues Brothers.” A Saturday night studio musician who is one of the architects of the Stax / Volt sound.
1941 - Birthday of drummer Pete Best, Madras India, known for being the original “Beatles” drummer, and for setting the beat sound. Fans were “outraged” when he was replaced by Ringo Starr.
1941 - The United States grants Lend-Lease to the Free French Forces.
1943 - The USS Liscome Bay is torpedoed near Tarawa and sinks, killing 650 men.
1944 – Birthday of Rita Mae Brown, novelist and poet. Gained fame with her rollicking “Rubyfruit Jungle” about growing up a lesbian in South Florida when she became friends with actor Alexis Smith. Later she had an affair with tennis player Martina Navratilova and wrote a controversial “revenge” book about women’s tennis.
1944 – 111 U.S. B-29 Superfortress bombers raid Tokyo for the first time since Capt. Jimmy Doolittle’s raid in 1942. Their target: the Nakajima aircraft engine works. The Fall of 1944 saw the sustained strategic bombing of Japan. Despite the barrage of bombs that were dropped in this raid, fewer than 50 hit the main target, the Nakajima Aircraft Works, doing little damage. The upside was that at such a great height, the B-29s were protected from counter-attack; only one was shot down. One Distinguished Flying Cross was awarded as a result of the raid. It went to Captain Steakley.
1946 – Ted Bundy, mass murderer was born Theodore Robert Cowell in Burlington, VT. He confessed to 30 homicides committed in seven states between 1974 and 1978. The true victim count remains unknown and is thought to be much higher. He died in the electric chair in Florida State Prison in 1989.
1947 – John Steinbeck’s novel “The Pearl” published http://www.gradesaver.com/ClassicNotes/Titles/pearl/about.html
1947 - Congress voted to cite the Hollywood Ten, who opposed the HUAC (House Un-American Activities Committee) hearings, as “unfriendly witnesses” for contempt of Congress for refusing to answer questions about alleged Communist influence in the movie industry. At the same time, 50 top Hollywood executives convened and decided to discharge or suspend the Hollywood Ten until acquittal or declaration that they were not Communists. Among the ten were director Edward Dmytrak, who later recanted and gave names of suspected Communists, Lester Cole, and writer Ring Lardner Jr. Lester Cole later wrote “Hollywood Red.”
1949 – Linda Tripp, confidant to Monica Lewinsky, was born in Jersey City. Tripp's action in secretly recording Lewinsky's confidential phone calls about her relationship with the President caused a sensation with their links to the earlier Jones v. Clinton lawsuit and with the disclosing of notably intimate details. This was part of the chronology that eventually led to the impeachment of President Bill Clinton.
1950 - Frank Loesser's musical comedy, "Guys and Dolls", opened at the 46th Street Theatre in New York City. The show ran for 1,200 performances.
1950 - The temperature at Chicago, IL, dipped to 2 below zero to equal their record for the month established on the 29th in 1872. On the first of the month that year Chicago established a record high for November with a reading of 81 degrees.
1950 – “Guys and Dolls” opened on Broadway.
1950 - U.N. troops begin an assault intending to end Korean War by Christmas
1951 - KNIGHT, NOAH O., Medal of Honor.
Rank and organization: Private First Class, U.S. Army, Company F, 7th Infantry Regiment, 3d Infantry Division. Place and date: Near Kowang-San, Korea, 23 and 24 November 1951. Entered service at: Jefferson, S.C. Born: 27 October 1929, Chesterfield County, S.C. G.O. No.: 2, 7 January 1953. Citation: Pfc. Knight, a member of Company F, distinguished himself by conspicuous gallantry and indomitable courage above and beyond the call of duty in action against the enemy. He occupied a key position in the defense perimeter when waves of enemy troops passed through their own artillery and mortar concentrations and charged the company position. Two direct hits from an enemy emplacement demolished his bunker and wounded him. Disregarding personal safety, he moved to a shallow depression for a better firing vantage. Unable to deliver effective fire from his defilade position, he left his shelter, moved through heavy fire in full view of the enemy and, firing into the ranks of the relentless assailants, inflicted numerous casualties, momentarily stemming the attack. Later during another vicious onslaught, he observed an enemy squad infiltrating the position and, counterattacking, killed or wounded the entire group. Expending the last of his ammunition, he discovered 3 enemy soldiers entering the friendly position with demolition charges. Realizing the explosives would enable the enemy to exploit the breach, he fearlessly rushed forward and disabled 2 assailants with the butt of his rifle when the third exploded a demolition charge killing the 3 enemy soldiers and mortally wounding Pfc. Knight. Pfc. Knight's supreme sacrifice and consummate devotion to duty reflect lasting glory on himself and uphold the noble traditions of the military service.
1953 – The Brooklyn Dodgers signed Walter Alston to a 1-year contract as their new manager for 1954, after the incumbent, Charlie Dressen, demanded a multi-year deal following two consecutive trips to the World Series. For the entire time Alston managed the Dodgers including in Los Angeles, through 1976, he never signed for more than one year.
1954 – The first Presidential airplane, Air Force One, is christened, a Lockheed Constellation Columbine for President Eisenhower.
1955 - Top Hits
“Sixteen Tons” - Tennessee Ernie Ford
“Autumn Leaves” - Roger Williams
“Love and Marriage” - Frank Sinatra
“Love, Love, Love” - Webb Pierce
1958 - Jackie Wilson's "Lonely Teardrops" was released, as was a Richie Valens' album featuring "Donna" on one side and "La Bamba" on the other.
1957 - Cleveland rookie Jim Brown, arguably the greatest NFL running back, rushes for an NFL record 237 yards and four touchdowns to lead the Browns to a 45-31 victory over the Los Angeles Rams.
1957 - Harry Belafonte was at #1 on the UK chart with "Mary's Boy Child", the first single to sell over 1 million copies in the UK. It stayed at the top for seven weeks.
1958 - The Kingston Trio became the very first group to ever have an album reach the top of the US chart. Before them, only solo artists had hit number one. They would go on to record a total of fourteen Top Ten albums and an additional five would enter the top 25.
1958 - Harold Jenkins, who became Conway Twitty, got his first #1 hit with "It's Only Make Believe", which was the United States' most popular song for one week.
1960 – Wilt Chamberlain grabbed a record 55 rebounds.
1961 – “The Lion Sleeps Tonight” became the first African song to hit the Number 1 spot on the American pop chart. The American version, recorded by the Tokens, was a translation of a South African folk song known variously as "Mbube" or "Wimoweh".
1963 - The first murder to be shown on television took place at 12:20pm in the police headquarters at Dallas, Texas. While television news cameras were rolling, a Dallas police officer brought in Lee Harvey Oswald, the alleged assassin of President John Fitzgerald Kennedy. Oswald was in the process of being transferred to the county jail. A man in the crowd stepped forward and fired a concealed pistol at Oswald, killing him. The crime was witnessed by millions of people. The murderer was Jack Ruby (Jacob L. Rubenstein), a Dallas nightclub owner.
1963 - Top Hits
“I'm Leaving It Up to You” - Dale & Grace
“Washington Square” - The Village Stompers
“She's a Fool” - Lesley Gore
“Love's Gonna Live Here” - Buck Owens
1964 – For the first time since 1800, the residents of our Nation’s capital are permitted to vote.
1966 - The Beatles begin recording sessions for the "Sgt. Pepper's Lonely Hearts Club Band" LP by laying down tracks for "Strawberry Fields Forever". The song however, doesn't make the 1967 album, but would appear the following year on "Magical Mystery Tour".
1966 - Several thousand teenagers battle with Kansas City police after a James Brown concert is halted because of what officials call "obscene dances being performed on the stage."
1966 - 400 die of respiratory failure and heart attack in killer New York City smog
1968 – Todd Beamer was born in Flint, MI. On 9/11/2001, Beamer was one of the passengers on United Flight 93 that crashed in Shanksville, PA on its way to Washington DC after hijackers took control. He was one of the passengers who tried to reclaim the aircraft from the hijackers, leading them to crash it into a field. Investigation revealed that Flight 93 may have been headed to crash land into the White House or the Capitol in Washington, DC as part of the terror attacks that hit the Pentagon and the World trade Center in NYC.
1969 - United States Army Lieutenant William L. Calley, charged with the massacre of over 100 civilians in the Vietnamese village of My Lai in March 1968, was ordered to stand trial by court martial.
1969 - Apollo 12 returned to Earth after its moon landing.
1970 - The United States’ outstanding collegiate football player of the year was awarded the Heisman Memorial Trophy. The winner was Jim Plunkett, quarterback for the Stanford Cardinal, who later went on to a sterling career in the NFL, winning two Super Bowls with the Oakland Raiders. Yes, at one time, the Raiders were a great football organization that won.
1971 - Top Hits
“Theme from Shaft” - Isaac Hayes
“Baby I'm-A Want You” - Bread
“Have You Seen Her” - Chi-Lites
“Daddy Frank (The Guitar Man)” - Merle Haggard
1971 - D.B. Cooper Hijacking. A middle-aged man whose plane ticket was made out to "D.B. Cooper" parachuted from a Northwest Airlines 727 jetliner on Nov 25, 1971, carrying $200,000 which he had collected from the airline as ransom for the plane and passengers as a result of threats made during his Nov 24 flight from Portland, OR, to Seattle, WA. He parachuted near Woodland, WA, into a raging thunderstorm with winds up to 200 miles per hour and the temperature at seven degrees below zero, wearing only a light business suit. He left the plane with 10,000 $20 bills. He was never found, and it is believed that he died after his jump. Several thousand dollars of the marked ransom money turned up in February 1980, along the Columbia River, near Vancouver, WA. The case remains the only unsolved air piracy in American aviation history.
1972 - ABC-TV debuts its late-night Rock show, “In Concert”, put together by The Monkees producer, Don Kirshner. The first show stars Alice Cooper, Chuck Berry, Blood, Sweat and Tears, Poco, and the Allman Brothers Band
1973 - After more than two years of retirement, Frank Sinatra returned with a NBC television special titled, "Ol' Blue Eyes is Back". Despite finishing third in the ratings, in a three-show race, one critic called the program, "the best popular music special of the year."
1973 - After cracking Billboard's Top Ten with "It Don't Come Easy" (#4) and "Back Off Boogaloo" (#9), Ringo Starr reaches number one with "Photograph", a song he co-wrote with George Harrison.
1974 – President Gerald Ford and Soviet Premier Leonid Brezhnev sign the SALT-2-treaty limiting strategic nuclear weapons with verifiable inspections permitted by both sides.
1979 - A pair of Pop music divas, Donna Summer and Barbra Streisand combined their voices to produce the top tune in the US, "No More Tears (Enough Is Enough)". It's Summer's third number one single and Streisand's fourth.
1979 - Top Hits
“No More Tears (Enough is Enough)” - Barbra Streisand/Donna Summer
“Babe” - Styx
“Please Don't Go” - K.C. & The Sunshine Band
“Come with Me” - Waylon Jennings
1981 - “Simon and Simon” premieres on television. This popular crime show about private eye brothers starred Jameson Parker as smooth, educated A.J. Simon and Gerald McRaney as brother Rick, a Vietnam vet. Other featured actors included Mary Carver as Cecilia Simon, their mother; Eddie Barth as rival detective Myron Fowler; Jeannie Wilson as Myron's daughter Janet, a district attorney; Tim Reid as undercover policeman Downtown Brown and Joan McMurtrey as Lieutenant Abby Marsh. The series was based on a 1980 made-for-TV movie called "Pirate's Key," with the series locale shifted from Florida to San Diego.
1982 - Hurricane Iwa lashed the Hawaiian Islands of Niihau, Kauai, and Oahu with high winds and surf. Winds gusting to 120 mph caused extensive shoreline damage. Damage totaled 150 million dollars on Kauai, and fifty million dollars on Oahu. The peak storm surge on the south shore was six to eight feet. It marked the first time in 25 years that Hawaii had been affected by a hurricane
1982 – Iron Man Cal Ripken of the Baltimore Orioles is named AL Rookie of the Year.
1987 - Top Hits
“Mony Mony” "Live" - Billy Idol
“(I've Had) The Time of My Life” - Bill Medley & Jennifer Warnes
“Heaven is a Place on Earth” - Belinda Carlisle
“I Won't Need You Anymore (Always and Forever)” - Randy Travis
1987 - The United States and the Soviet Union agreed to scrap shorter- and medium-range missiles in the first superpower treaty to eliminate an entire class of nuclear weapons.
1988 - Low pressure brought heavy snow and high winds to the Northern and Central Rockies. Snowfall totals in Colorado ranged up to 40 inches at Wolf Creek Pass, with 27 inches falling in 24 hours. Telluride, CO received 32 inches of snow, and winds atop Mines Peak gusted to 95 mph.
1990 - The first telescope of importance with a compound objective mirror was the William M. Keck I telescope on Mauna Kea, Hawaii. It had a 394-inch main objective mirror of 36 hexagonal segments that could be precisely positioned by computer. An interferometer combined the light from the 36 segments into a single focused image. The first astronomical image from the Keck was produced this day when nine of the segments were in place.
1991 - In week 13, after going 12-0, Washington loses to Dallas 24-21. Washington ends their season 14-2 and beats the Buffalo Bills in Super Bowl XXVI, 37-24. Joe Gibbs coached the Redskins and Marv Levy was coach of the Bills.
1991 - Monica Seles sets the female tennis record by winning $2,457,758 for the year.
1992 - The US Military leaves the Philippines. The Philippines became a US colony at the turn of the century when it was taken over from Spain after the Spanish-American War. Through President Franklin D. Roosevelt signed a bill on March 24, 1934 granting the Philippines independence to be effective July 4, 1946, before that date, Manila and Washington signed a treaty allowing the US to lease military bases on the island. In 1991, the Philippine Senate voted to reject a renewal of that lease, and this day, after almost 100 years of military presence on the island, the last contingent of US marines left the Subic Bay base.
1992 - A major winter storm across the Texas panhandle, western Oklahoma and western Kansas produced near blizzard conditions which contributed to a massive 200 car pile-up on interstate 40 in Amarillo, TX. All traffic was brought to a virtual standstill in the Texas and Oklahoma panhandles. 19 inches of snow with drifts over 6 feet at Lavern, OK. Drifts reached 15 feet near Hugoton, KS. 17 inches fell at Liberal, 16 at Garden City and 14 inches at Dodge City in Kansas.
1993 – The Brady Bill passes, establishing 5-day waiting period for handgun sales
1994 - The film comedy "Junior," starring Arnold Schwarzenegger, Danny DeVito, and Emma Thompson, opened in United States theaters. Schwarzenegger and Thompson were later both nominated for Golden Globe acting awards.
1996 - Following its United States opening weekend, “Star Trek: First Contact” brought in $30.7 million at the box office.
1996 – NFL Hall of Fame RB Barry Sanders of the Detroit Lions set an NFL record when he recorded his eighth straight season rushing for 1,000 yards.
1998 - The Spice Girls' "Live at Wembley" video was released by Virgin Music Video, and the following year was certified platinum.
1998 - Top Hits
“Doo Wop (That Thing)” - Lauryn Hill
“Nobody s Supposed To Be Here”- Deborah Cox
“One Week”- Barenaked Ladies
1998 - AOL (America Online) announced a deal for their purchase of Netscape for $4.21 billion.
2008 - As a result of being among the top finishers in an Indian reality TV show called the “Million Dollar Arm”, which drew approximately 37,000 contestants, Rinku Singh and Dinesh Patel sign free-agent deals to pitch for the Pirates. The pair 20-year-old cricket players, who never had thrown a baseball until earlier this year, are the first two players from India to sign a contract with a major league organization. They are the subject of the movie "Million Dollar Arm." Singh missed the 2013 and 2014
seaon due to injuries. Patel had a brief 2009 season, and the 2010 season was less successful, with an 8.59 ERA in 71⁄3 innings, over nine games; he was released in December 2010 and returned home to finish school.
2009 - The Rolling Stones began cashing in on British singing sensation Susan Boyle's rendition of their hit "Wild Horses" by re-issuing their original version which was first released 40 years ago this month.
2010 - A jury in Austin convicted former House Majority Leader Tom DeLay on charges he'd illegally funneled corporate money to Texas candidates in 2002.
2012 - Gangnam Style becomes the most viewed YouTube video surpassing 808 million views.
2012 - The continued NHL lockout results in all games to December 14 being cancelled.
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