Subscribe@leasingnews.org

Day in American History

Thursday, December 9, 2004

Headlines---

Classified Ads---Asset Management
    NJ AG Sues NorVergence/Salzano Brother
        Commercial Credit Group/Portfolio Financial Servicing
Affiliated Financial President Wins Trip to Italy
    MIT Sloan School Award/Adolf F. Monosson Prize
        Celtic Leasing Chooses LeasePak Bronze Edition
Financial Federal Reports First Quarter Results
    Dec. 14 ELA/Capital Stream Webinar
        Fitch Ratings IBM's Sale of PC Business
Streamlined Sales Tax Project Conference Call
    Latest Equipment Leasing and Finance Foundation Report
        News Briefs---
Sports Briefs---
    California Nuts Brief---
        "Gimme that Wine"
            This Day in American History
                American Football Poem

######## surrounding the article denotes it is a “press release”

-----------------------------------------------------------

Classified Ads---Asset Management

Atlanta, GA.
Asset Recovery Specialist. We get your money or we get your > equipment back for you. Physical Asset Recovery Experts!
E-mail: mcrouse911@joimail.com

Boston, MA.
Appraisals, remarketing, audits, inspections and more! Over 15-years industry experience and dedicated to deliver personal, prompt, professional services. Call Chris @ 508-785-1277.
E-mail: chris@dovermanagementgroup.com

Nationwide
BUYER/LENDER BEWARE. Don't sign anything until Collateral Verifications Inc. goes onsite, knocks on the door and gets the facts.
http://www.i-collateral.com
Email: mark@i-collateral.com

Milwaukee, WI
We specialize in ATM machine repossession and remarketing. We can get you top dollar for your inventory.
E-mail: bdperry1@yahoo.com

Oxnard-Hollywood Beach, CA.
20 Years Exp. w/Equity Analysis/Placement- Residual Forecasting Methodologies Computer Equipment Assets. Portfolio Mgr. Two Major Leasing Companies/Strong Analyst Background w/Leading Info Services Firm.
E-mail: GregoryMLorenz@aol.com

Full listing of all “outsourcing ads”
http://64.125.68.90/LeasingNews/JobPostingsOutsourcing.htm

[headlines]

-------------------------------------------------------------

NJ AG Sues NorVergence/Salzano Brother

GERALD J. PAPPERT :

:

PLAINTIFF : NO. 2004 -

NORVERGENCE, INC. :

And :

PETER J. SALZANO, Individually, and PETER :

J. SALZANO as President, Chief Executive :

Officer and Chairman of NORVERGENCE, INC.

( highlights of complaint:)

9. Defendant Peter J. Salzano (hereinafter “Salzano”) is an adult individual and resident of the State of New Jersey.

10. Salzano is the President, Chief Executive Officer and Chairman of NorVergence. Salzano is being named in his capacity as President, Chief Executive Officer and Chairman of NorVergence, and, in addition, in any other position he held in NorVergence.

F. Directing the Defendants to pay civil penalties in the amount of One Thousand and 00/100 Dollars ($1,000.00) for each and every violation of the Consumer Protection Law, which will increase to Three Thousand and 00/100 Dollars ($3,000.00) for each violation involving a victim age sixty (60) or older;

G. Directing the Defendants to pay the Commonwealth for the costs of its investigation and prosecution of this action; and,

11. The Commonwealth is informed, believes and therefore avers that Salzano supervised, controlled, approved, formulated, authorized, ratified, benefited from and/or otherwise participated in the acts and practices hereinafter alleged, or, in the alternative, that Salzano acted in concert with NorVergence or used NorVergence as an agent or instrumentality in perpetrating the acts and practices complained of herein and, therefore, to adhere to the fiction of a separation between Salzano and NorVergence would be unjust, inequitable and would sanction fraud.

33. The Commonwealth is informed, believes and therefore avers, that most rental agreements that NorVergence entered into with consumers were for a five-year term. They were titled simply “Rental Agreement”, with the only indication that they were non-cancelable appearing in fine print. Although it is believed that NorVergence purchased the various MATRIX devices at prices ranging from $350 to $1,500, the cost at which NorVergence “rented” the MATRIX devices to its consumers varied greatly. For example, NorVergence's rental agreements required consumers to pay from $250 to $5,700 per month. The total cost to the consumer over the term of the rental agreement ranged from $24,000 to $340,000 for “renting” the MATRIX 850 equipment. The total cost to the consumer for MATRIX Soho equipment ranged from $10,000 to $30,000.

34. The NorVergence rental agreements were complex, highly technical, commercial contracts which, in a “sea of fine print”, included provisions that were totally inconsistent and/or contradictory to representations made by NorVergence sales staff in the course of securing the consumer's execution of the rental agreement. In some cases NorVergence had consumers sign more than one rental agreement covering essentially the same equipment which added to the already confusing sales transaction.

For example, the Somerset Chamber of Commerce entered into two (2) NorVergence rental agreements; one (1) dated as being accepted by NorVergence on May 25, 2004, identifying NorVergence, Inc., as the rentor, and the other undated rental agreement identifying Wells Fargo Financial Leasing, Inc., as the rentor. True and correct copies of these rental agreements are attached hereto and labeled Exhibit “A”.

37. The Commonwealth is informed, believes and therefore avers, that the NorVergence rental agreements characterized the agreements as finance leases under Article 2A of the Uniform Commercial Code and also contained, in very fine print, a provision that stated that if the agreement was a Uniform Commercial Code Article 2A lease, then all the protections of Article 2A could be utilized by the assignee.

38. The NorVergence rental agreements are not finance leases under Article 2A of the Uniform Commercial Code because the Commonwealth is informed, believes and therefore avers that:

a. NorVergence selected and supplied the MATRIX device equipment to its consumers.

b. NorVergence supplied the MATRIX device equipment to its consumers from its existing inventory of such devices and did not acquire devices in connection with the individual rental agreement leases entered into with the consumers.

c. Prior to signing the rental agreements, the consumers did not receive a copy of the contract by which NorVergence acquired the MATRIX device equipment that was the subject of the rental agreement.

d. It was not a condition of the effectiveness of the rental agreements that the consumers approved the contracts by which NorVergence acquired the MATRIX devices or the right to possess and use said devices.

e. Prior to signing the rental agreements, the consumers did not receive a statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, provided to NorVergence by the supplier of the MATRIX devices as part of the contract by which NorVergence had acquired the MATRIX devices.

f. Prior to the consumers signing the rental agreements, NorVergence did not inform the consumers in writing of the identity of the person supplying the MATRIX devices to NorVergence; that the consumers are entitled to the promises and warranties provided to NorVergence by the supplier of the MATRIX devices in connection with the contract by which NorVergence acquired the MATRIX devices; or that the consumers may communicate with the supplier of the MATRIX devices and receive an accurate and complete record of the goods supplied and a complete statement of the promises and warranties, including any disclaimers and limitations of them or of remedies.

Full Copy of Complaint by NJ Attorney General

http://leasingnews.org/PDF/PA%20AG%20COMPLAINT.pdf

[headlines]

------------------------------------------------------------

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

Commercial Credit Group Selects Portfolio Financial Servicing Company

Portland, Oregon – Portfolio Financial Servicing Company (PFSC) the nation's largest independent provider of third party servicing for lease and loan portfolios announced that it has been selected by Commercial Credit Group Inc (CCG) as a Servicer of their commercial equipment lease and loan portfolio.

“We are very pleased to align ourselves with an emerging player in the commercial equipment marketplace who is sure to make an impact”, said Jerry Hudspeth, President and CEO of PFSC, “Commercial Credit Group's senior staff brings with them an immense amount of experience and expertise in a market niche that we believe has significant growth opportunities”.

Dan McDonough, President of CCG commented “Partnering with PFSC allows us to focus on establishing ourselves in the market. PFSC's resources, infrastructure and industry specific expertise will help our company offer state of the art technology and systems day one”.

About Commercial Credit Group

Headquarted in Charlotte, North Carolina, CCG specializes in purchase money and refinance transactions in the construction, fleet transportation and waste industries. Transactions are sourced through end-users, equipment vendors, and manufacturers with typical transaction sizes ranging from $50,000 to $1 million. More information can be found at www.commercialcreditgroup.com.

About Portfolio Financial Servicing Company

PFSC is the largest independent commercial lease and loan-servicing company in the U.S. and is headquartered in Portland, Oregon. PFSC provides primary/master servicing, backup/successor servicing, and consulting for leasing portfolios. PFSC currently has over $10.0 billion in assets under management. More information can be found at http://www.pfsc.com .

Media Contacts:

For Portfolio Financial Servicing Company:

Eric Gross
Director of Sales and Marketing
(503) 721-3226
egross@pfsc.com
Commercial Credit Group Inc:
Dan McDonough
President
(704) 731-0031
dmcdonough@commercialcreditgroup.com

[headlines]

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

Affiliated Financial President Wins Trip to Italy,
Courtesy of Cyence International

Jerry Mohr of San Diego Scores Big at Annual ELA Convention

Jerry the winner is left and Peter Hyne, Cyence CEO is right.

St. Petersburg, FL,—Jerry Mohr, President of Affiliated Financial in San Diego, will be seeing the sights of Italy in 2005—thanks to the luck of the draw at the 2004 Annual ELA Convention in Palm Desert, California. Mohr is the winner of a trip for two to Florence and Tuscany from Cyence International.

A 31-year veteran of the leasing industry, Mohr worked with Citicorp Leasing, Security Pacific Leasing, and Ford Equipment Leasing before launching Affiliated Financial Services in 1993. His company originates transactions and sells to banks, finance, and insurance companies.

The raffle was the crowning event of Cyence's Art of Collaboration event. Convention participants painted over 50 separate canvases at participating booths—all linked together to form a work of art illustrating the power of collaboration. The event was held to highlight the newly formed Circle of Excellence, a community of leading equipping-leasing solution providers collaborating to share knowledge and technologies and to integrate their product capabilities.

“I hadn't met anyone from Cyence until the convention,” Mohr says. “I was so impressed with their booth and painting event—and, of course, who could resist a chance at a trip to Italy?” Mohr missed the drawing but stopped by to see who won as the convention was closing down. “It was the surprise of a lifetime when they told me, ‘some guy named Jerry Mohr,'” he laughs. “This is the first thing of any significance I've ever won. I didn't have a relationship with Cyence before the convention, but I'm sure that going forward, they'll be a long-term friend.”

About Cyence International Inc.:

Cyence International Inc. is a leading provider of Web Services software solutions for the world's banking, manufacturing, and equipment finance markets. Its software solutions, ExpressOS™ and ExpressCS™, imbed industry best practices and enable real-time, online collaboration in the end-to-end finance process.

From Origination to Credit Adjudication, Document Management to Auditing, Funding, and Booking, the Cyence solution has everything needed to streamline financial transactions and achieve operational excellence. For more information, visit www.cyence.com.

[headlines]

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

MIT Sloan School of Management announces the establishment of The Adolf F. Monosson Prize for Entrepreneurship Mentoring

CAMBRIDGE, Mass., To honor the memory of MIT graduate Adolf F. Monosson, an annual prize has been established at the MIT Sloan School of Management by his friends, fellow alumni and business associates.

Sonny Monosson

The prize recognizes Adolf "Sonny" Monosson's life of advice and counsel provided to his classmates, business clients, competitors, friends and students on the nature, challenges and solutions to creating and nurturing the growth and development of entrepreneurial enterprises.

In a business career that spanned 55 years after his graduation from MIT in 1948, Sonny Monosson created more than 10 businesses in the finance, publishing, computer and leasing industries. He invested his time and monies in many other start-up enterprises and counseled hundreds of entrepreneurs and would-be entrepreneurs on the personal skills necessary for success.

Sonny Monosson was recognized by his peers and the press as a voice of reason and his advice was sought by those who came in contact with him.

In the spirit of continuing his selfless spirit and constant giving, the Monosson Prize for Entrepreneurship Mentoring is intended to honor those who support and guide the new generations of business pioneers who are blazing new pathways to entrepreneurship.

Professor Edward B. Roberts, the David Sarnoff Professor of the Management of Technology at the MIT Sloan School of Management and Founder/Chair of the MIT Entrepreneurship Center, will head the committee that will administer the annual prize.

[headlines]

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

Celtic Leasing Chooses LeasePak Bronze Edition

BURLINGAME, CA, -- McCue Systems Inc. of Burlingame, CA announces the addition of Celtic Leasing to its customer community. The Irvine, California-based lessor has selected LeasePak Bronze Edition as its new lease portfolio management solution. Implementation is underway, with a go-live date scheduled for June 2005.

"Celtic Leasing needed a system that would allow them to efficiently grow their business and to scale the functional capacity of their lease portfolio management system to match that growth," states McCue Systems CEO John McCue. "As a specialist in delivering middle-market deals to the Fortune 1000, Celtic required a system that could handle both the complexity and unpredictability of the business in their sector of the equipment leasing market," McCue adds. "In that sense, they were exactly the kind of customer we had in mind when we developed the LeasePak Bronze Edition."

"For Celtic Leasing, flexibility, service, and partnership are key values that set us apart from our competitors. So we wanted a technology provider for our lease portfolio management system that shared our values," states Celtic Leasing CEO and founder, Todd Meyer. "In McCue Systems, we have found more than a vendor: their commitment to equipment leasing and to the success of the LeasePak user community mean that we will be fully supported in putting our new technology to best use," Meyer adds.

The LeasePak Bronze Edition is specifically tailored to the needs of companies with fewer than 25 users that require a lease/loan portfolio management solution that can scale to virtually any size portfolio and operational workforce. The LeasePak Bronze Edition integrates seamlessly with the LeasePak Productivity Suite to streamline originations, enhance customer service, manage risk, and control infrastructure overhead.

About Celtic Leasing

Celtic Leasing is a full-service equipment lessor specializing in middle market transactions in the range of $50,000 to $10,000,000, providing equipment leasing solutions to a diverse group of clients throughout the US.

The Celtic team of experienced, dedicated professionals has a strong focus on customer service and is dedicated to working with our customers through every step of the process: from the initial credit inquiry to the funding of the transaction to mid-term changes through the end of the lease. Celtic is dedicated to providing lease structures that best fit the customer's individual needs.

For more information, see
http://www.celticleasing.com or
contact askus@celticleasing.com.
About McCue Systems Inc.

With over 30 years experience in developing business solutions for the leasing industry, McCue Systems Inc. is the leading provider of lease/ loan portfolio management software for banks, leasing companies, and manufacturers. Its flagship product, LeasePakR, streamlines lease/loan administration and asset management throughout the leasing enterprise.

Leveraging the relational database systems from Oracle and Sybase, LeasePak provides a strategic management and lease/loan portfolio accounting, documentation, and asset management solution. With its unequalled power to deliver strategic information, LeasePak provides managers with the tools to transform portfolio data (customer information, asset data, and financials) into business intelligence, giving them the decision support they need to strengthen CRM, measure performance, and assess strategy throughout the leasing enterprise.

By harnessing the most advanced technology - including the latest Linux operating system - McCue Systems offers the LeasePak Bronze, Silver, and Gold Editions for systems and portfolios of virtually all sizes and complexities. LeasePak can be configured to run on the HP-UX, SUN/Solaris, and Linux platforms.

The leasing experts at McCue Systems work closely with lessors to improve their lease operations and enhance customer retention at every stage of the lease lifecycle. See www.mccue.com for more information about LeasePak and McCue Systems' consulting and technology services. Contact info@mccue.com or

phone 888 730 2527.

[headlines]

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

Financial Federal Corporation Reports First Quarter Results;

Net Income Increased 20%, Diluted EPS Increased 28% and Finance Receivables Increased to a Record $1.49 Billion

NEW YORK----Financial Federal Corporation (NYSE - FIF), reported net income for the quarter ended October 31, 2004 of $8.6 million; an increase of 20% compared to the quarter ended October 31, 2003. Diluted earnings per share increased 28% to $0.50 for the quarter. Diluted earnings per share increased by a higher percentage than net income due to our repurchase of 1.5 million shares of common stock in April 2004. Finance receivables originated during the quarter were $218.3 million. Finance receivables outstanding increased $28.5 million to a record $1.49 billion at October 31, 2004.

Asset quality measures improved further from the preceding fiscal quarter. Net charge-offs were $0.8 million or 0.21% (annualized) of average finance receivables compared to $1.4 million and 0.38%, non-performing assets were 1.91% of total receivables compared to 2.22% and delinquent receivables (60 days or more past due) were 0.96% of total receivables compared to 1.03%. In the quarter ended October 31, 2003, net charge-offs were $3.7 million or 1.05% (annualized) of average receivables and non-performing assets were 3.79% and delinquent receivables were 2.06% of total receivables.

Paul R. Sinsheimer, CEO, commented: "Several positive trends that began in the second half of fiscal 2004 continued in the first quarter of fiscal 2005. Delinquent receivables, non-performing assets and net charge-offs haven fallen to levels not seen in several years. Double-digit percentage increases in net earnings and earnings per share were sustained. Originations were 29% higher compared to the quarter ended October 31, 2003 and receivables outstanding rose for the third consecutive quarter to a record level at October 31, 2004. We endeavor to grow at a faster pace.

"While our portfolio has not yet been meaningfully affected by higher energy costs and higher interest rates, we remain concerned. In addition, increases in short-term interest rates will negatively affect our interest margin."

Steven F. Groth, CFO, announced: "In response to a recent accounting rule change in the calculation of diluted earnings per share, we have irrevocably elected (in accordance with the terms of our $175 million 2.0% convertible senior debentures due 2034) to fix the payment of the principal amount of converted debentures in cash. As a result, the rule change will not affect diluted earnings per share. Had we not made this election, the new rule would have required the 4.0 million shares of common stock originally issuable upon conversion of the debentures to be included as shares outstanding in the diluted earnings per share calculation reducing quarterly diluted earnings per share by approximately $0.06."

Financial Federal Corporation Steven F. Groth, 212-599-8000

[headlines]

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

Reminder - CapitalStream and the Equipment Leasing Association (ELA)

Sponsor Webinar for Leasing Industry Professionals December 14, 2004 at 1:30pm EST

Topic: Applying Industry Research to Improve Your Leasing Operations

Leasing companies continue to invest a great deal of time and effort in the application of technology and improvement of their operations. The competition for customers is fierce today, and having systems in place that address customer concerns and provide leasing company employees with the tools to be responsive can make the difference between staying on top or just staying alive. This webinar will focus on what research says about the application of technology in the leasing industry and how this information can be used to benchmark and improve business.

Designed for executive management, department managers for credit and collections, chief operating and administration officers, IT professionals, directors of risk management, vice presidents of operations, and consultants, we will use results from the following industry and IT research projects to uncover the status and trends in technology and operations: ELA's 2003 & 2002 Survey of Industry Activity; 2003 Commercial and Equipment Finance Survey & 2004 Equipment Finance Survey, both conducted by CapitalStream and Blackwell Consulting Services.

Moderator, John Hurt, vice president of information service for LaSalle National Leasing Corporation will query panelists Mike Pennell, vice president of product marketing for CapitalStream, and Steve LeBarron, vice president of leasing & finance for Blackwell Consulting Services, on recent industry research results, performance and best practices in operations, systems used to improve performance and implement best practices, current operational trends, and applying these results to your business.

Date/Time:

Tuesday, December 14, 2004 1:30pm - 2:30pm EST/10:30am - 11:30am PST

Registration:

Additional information, visit: (http://www.elaonline.com/events/2004/AppIndRsrch/) http://www.elaonline.com/events/2004/AppIndRsrch/
To register online, visit: (https://www.krm.com/regonline/elavcregs.nsf/ela9033-0) https://www.krm.com/regonline/elavcregs.nsf/ela9033-0

About the ELA

Organized in 1961, the Equipment Leasing Association (ELA) is the premier non-profit association representing companies involved in the dynamic equipment leasing and finance industry to the business community, government and media. As the voice of the leasing industry, ELA promotes the estimated $218 billion industry as a major source of funds for capital investment in the United States and abroad. Headquartered in Arlington, Va., ELA has more than 800 member companies and a staff of 25 professionals. For more information on ELA, please visit (http://www.ELAOnline.com) www.ELAOnline.com.

About CapitalStream

CapitalStream provides software and consulting services that enable commercial banks and finance companies to collaborate, integrate and operate more effectively across their front office operations. The Mid-Market Lending Survey is the latest in a series of industry research reports from CapitalStream designed to provide insight into the overall commercial finance industry including specific reports on small business lending, equipment finance and commercial real estate lending. For more information, visit (http://www.capitalstream.com) www.capitalstream.com call 866-779-4733.

Www.capitalstream.com

[headlines]

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

Fitch Ratings Comments on IBM's Sale of PC Business

NEW YORK--( Fitch Ratings believes IBM's announced sale of its personal computing division will slightly improve the company's operating and financial profile, mainly by lowering exposure to the volatile demand and pricing environment of the personal computer (PC) market and improving overall corporate profitability margins and, to a lesser extent, credit statistics. IBM's approximate $11 billion PC division (approximately 13% of total with minimal profit contribution) will be sold to Lenovo Group Limited (Lenovo) of China for approximately $1.75 billion, consisting of $650 million cash, up to $600 million of Lenovo common stock (IBM will take a 18.9% equity stake in Lenovo), and the assumption of $500 million of liabilities. The transaction is expected to close in the second quarter of 2005.

Disposition of the PC business is consistent with IBM's desire to focus more on information technology services and software while exiting commodity or non-strategic businesses. However, after the completion of the sale, IBM will still have a $14 billion hardware business focused mostly on servers and mainframes, including semiconductors. Additionally, IBM will continue to maintain the ability to offer a complete hardware solution to current and future customers as Lenovo will be IBM's preferred supplier of PCs while IBM Global Financing will be Lenovo's preferred provider of leasing and financing services. As a significant portion of IBM Global Financing's current portfolio consists of PCs and with more than 95% of IBM's total debt related to customer financing, any decline in volume from financing PCs could lower financing debt and total leverage with no effect on IBM's core (non-financing) credit metrics.

While companies with significant PC operations stabilized margins in 2004 despite a challenging pricing environment, the negative affect of volume declines on profitability could cause companies to consider alternative strategies, including outsourcing production, divesting of the business, or exiting the market to improve the corporate credit profile, as indicated by IBM's decision to sell its PC division to Lenovo. Due to these factors, Fitch believes further hardware consolidation could occur in 2005 and beyond as larger companies look to acquire market share and further leverage the resultant unit volume gains, or exit non-strategic businesses.

IBM's senior unsecured debt and commercial paper (CP) program are rated 'AA-/F1+', respectively, by Fitch. IBM International Finance N.V.'s senior unsecured debt and CP program are also rated 'AA-/F1+', respectively, by Fitch. Approximately $22 billion of public debt is rated by Fitch. The Rating Outlook is Stable.

Fitch Ratings Nick P. Nilarp, CFA 212-908-0649 Brendan Buckley, 212-908-0640 (IBM Corp.) Philip S. Walker, Jr., CFA +1-212-908-0624 Matthew D. Gallino, 212-908-0218, (IBM Global Finance) (New York) Media Relations: Brian Bertsch, 212-908-0549 (New York)

[headlines]

---------------------------------------------------------

Streamlined Sales Tax Project Conference Call

A Streamlined Sales Tax Project (SSTP) conference call on Digital Goods has been scheduled for Thursday, December 16th at 10:00 am CST. For call-in information (when it is available) contact Judy Battles at jbattles@oktax.state.ok.us

Dennis Brown
Equipment Leasing Association
http://www.elaonline.com/GovtRelations/State/Streamometer/

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

Latest Equipment Leasing and Finance Foundation Report

Equipment Leasing and Finance Foundation Report
http://www.leasingnews.org/items/newsletter.htm

[headlines]

-----------------------------------------------------------

“News Briefs”

29th Annual CIT Construction Industry Forecast Shows Confidence at an All- Time High
http://www.prnewswire.com/cgi-bin/micro_stories.pl?ACCT=
683178&TICK=CIT&STORY=/www/story/
12-08-2004/0002590041&EDATE=Dec+8,+2004

Treasury Secretary Is Asked To Stay
http://www.washingtonpost.com/wp-dyn/articles/A48382-2004Dec8.html

Fannie Mae agrees to forfeit $7.5 million to government
http://www.signonsandiego.com/news/business/
20041208-1502-fanniemae.html

NBC Gives Martha Stewart an After-Prison Show
http://www.nytimes.com/2004/12/09/business/media/
09martha.html?oref=login

Seismic shifts in telecom put 2 giants on the block
http://www.usatoday.com/money/industries/telecom/
2004-12-08-for-sale-usat_x.htm

U.S. troops pepper Rumsfeld with tough questions on armor, long deployment
http://www.signonsandiego.com/news/military/
20041208-1430-rumsfeld.html

Usher Dominates the Billboard Awards
http://www.ajc.com/metro/content/shared-gen/ap/Recordings/Billboard_Awards.html

[headlines]

-----------------------------------------------------------

Sports Briefs---

NBA Wrap: Timberwolves Rout Sixers by 35 Points
http://www.nytimes.com/reuters/sports/sports-nba-wednesday.html

Outgoing President Opposed Firing Willingham
http://www.nytimes.com/2004/12/09/sports/ncaafootball/09irish.html

Oracle's Ellison taunts 49ers owners
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/
2004/12/08/sports2007EST0163.DTL

It's time for 49ers to get new owners Only way for improvement is for change at top -- departure of the Yorks
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/
2004/12/08/SPGNFA8DUK1.DTL

Rattay, Barlow out for 49ers' next game
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/
2004/12/08/sports1626EST0368.DTL

Holmgren wonders why key TD wasn't reviewed
http://www.theredzone.org/news/showarticle.asp?ArticleID=1985

Lockout in N.H.L. Puts Businesses on the Brink
http://www.nytimes.com/2004/12/09/sports/hockey/09hockey.html

[headlines]

-----------------------------------------------------------

California News Brief---

Governor paid nearly $3 million in income taxes
http://www.miami.com/mld/miamiherald/news/
breaking_news/10370916.htm?1c

[headlines]

------------------------------------------------------------

“Gimme that Wine”

Court has chilled reaction to wine laws Justices grill attorneys on 2 states' shipping restrictions for vintners
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
2004/12/08/BUGLIA84M61.DTL

Whining about wine: French growers, cryi
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/
2004/12/08/financial1407EST0162.DTLng
`crisis,' stage protests

[headlines]

------------------------------------------------------------

This Day in American History

    1561-Birthday of Sir Edwin Sandys, English statesman and one of the founders of the Virginia Colony (treasurer, the Virginia Company, 1619-20), born at Worcestershire, England. He later became a member of the Bermuda Company.. Sandys Parish in Bermuda named for him; died in 1629) Encouraged many to go to America. He was also in favor of having the colonies become a self-sufficient republic. Died at Kent, England, in October 1629 (exact date not known).
http://www.famousamericans.net/siredwinsandys/
http://www.bermuda-online.org/seesandy.htm
    1783- Slavery was made illegal this day in Massachusetts by a judicial interpretation of the state constitution of 1780, " in which the text stating that all men were 'born free and equal' was construed as legal nullification of slavery. This year also saw the slave trade outlawed in Maryland. The following year slavery was abolished in Connecticut and Rhode Island.
    1786 - A second great snowstorm in just five days brought another 15 inches of snow to Morristown NJ, on top of the eight inches which fell on the 7th and 8th, and the 18 inches which fell on the 4th and 5th. The total snowfall for the week was thus 41 inches. New Haven CT received 17 inches of new snow in the storm. Up to four feet of snow covered the ground in eastern Massachusetts following the storms.
    1788 - George Washington sold his race horse, Magnolia, to Colonel Henry Lee. Washington reportedly got 5,000 acres of Kentucky farmland. Lee was in Washington's command and also was one of the signers of the Declaration of Independence. He was known as “Light Horse Harry.” He wanted the horse to race as this was the great sport of the time. Upon the death of President George Washington, Harry was asked by Congress to deliver a tribute to his beloved general, describing him for posterity:

“First in war, first in peace and first in the hearts of his countrymen...second to none in the humble and endearing scenes of private life.”

After the death of his idol, Harry's fortunes began to decline rapidly. the support of a family of six, coupled with disastrous land speculation, reduced him to financial poverty, Then, on January 19, 1807, in the large upstairs room at Stratford where so many Lees had come into the world, Ann gave birth to their fifth son, Robert Edward, named after two of his mother's favorite brothers ( Yes, Robert E. Lee, the commander of the Confederate Army.) As Robert was learning to walk, his father was carried off to debtor's prison in Montross. With characteristic courage, in a 12-by-15 foot prison cell, Harry wrote his Memoirs of the War in the Southern Department of the United States , still the standard text on that portion of the Revolutionary War. When the book was finished in 1810, the family moved to Alexandria, where a new life on a modest scale was made possible by a legacy from Ann's father. Harry's eldest son, Henry IV, became master of Stratford. "Light Horse Harry's" last years were marred by sorrow and pain. Internal injuries, received when he was beaten by a mob as he defended a friend and freedom of the press in Baltimore, kept him in constant physical pain. He sought relief in the warm climate of the West Indies. When his health continued to decline, Harry attempted to return home, but died on Cumberland Island, Georgia, in the home of the daughter of his former commander, Nathaniel Greene.
http://www.patriotresource.com/people/lee.html
http://www.stratfordhall.org/lighthorse.htm
    1793 - The first daily newspaper in New York City was founded by Noah Webster. "The America Minerva" was published for the first time this day. How long Webster stayed awake at night to come up with "Minerva" is anyone's guess. 1
    1835-Inspired by the spirited leadership of Benjamin Rush Milam, the newly created Texan Army takes possession of the city of San Antonio, an important victory for the Republic of Texas in its war for independence from Mexico. After helping the Texas Army capture the city of Goliad, he made an impassioned call for volunteers, asking: "Who will go with old Ben Milam into San Antonio?" Three hundred men did volunteer, and the Texas Army began its attack on San Antonio at dawn on December 5. By December 9, the defending forces of the Mexican army were badly beaten, and the commanding general surrendered the city. Milam, however, was not there to witness the results of his leadership--he was killed instantly by a sniper bullet on December 7. If Milam had survived, he might well have been among the doomed defenders of the Alamo that were wiped out by Santa Ana's troops the following March.
    1848-Birthday of Joe Chandler Harris, American author, creator of the “Uncle Remus” stories, born at Eatonton, GA. Died July 3, 1908, at
Atlanta, GA.
    1861- Battle of Bird Creek, Indian Territory (High Shoal, Chusto-Talasah), Oklahoma. Indian Union troops hold off Confederate advance, but retreat due to lack of ammunition. Confederates call it a “victory,” and at Chustenahlah they again pushed back the ill-trained Union Indian troops.
http://www.pathsofthecivilwar.com/Pastfinder/
PCWsummary.asp?locationID=OK002
http://home.earthlink.net/~dawise/CreekReg.htm
http://www.civil-war-and-more.com/1861w.html
http://www2.cr.nps.gov/abpp/battles/ok003.htm
    1872-African-American PBS Pinchback was the Acting Lt. Governor and succeeded after the impeachment of Warmoth. and on this date , started the first of 35 days as the Governor of Louisiana.
http://www.pbs.org/wnet/aaworld/reference/articles/p_b_s_pinchback.html
http://www.africana.com/Articles/tt_1153.htm
http://www.sec.state.la.us/46.htm
    1886- Birthday of Clarence Birdseye, the American industrialist who developed a way of deep-freezing foods. He was marketing frozen fish in 1925 and was one of the founders of General Food Corporation. Born at Brooklyn, NY., he died at New York City, Oct. 7, 1956.
    1888-Twenty-eight-year-old Herman Hollerith installed his punch calculator machine at the War Department in Washington, D.C. Hollerith had developed his tabulating machine, which read and sorted punched cards, in the hopes that it would be used in the 1890 census. Census officials thought Hollerith's machine seemed promising but needed practical experience, so Hollerith volunteered to use the machine to organize health statistics from city health departments in New York and Baltimore. It was so successful that news of the machine soon spread, and the War Department invited Hollerith to install a tabulating machine there to track statistics. Ultimately, the Census Department did use Hollerith's machine in the 1890 census.
    1898-Birthday of Emmett Kelly, American circus clown and entertainer, born at Sedan KS. Kelly was best known for “Weary Willie,” a clown dressed in tattered clothes, with a beard and large nose. Died at Sarasota, FL. March 28,1979.
    1906- Birthday of Admiral Grace Murray Hopper, born New York, NY, retired from the Navy at eighty years old, developer of the computer, mother of COBOL, and quite an amazing woman, rising to the highest ranks for a woman at that time,1983. When she retired from the navy in 1986, she went to work full time for the Digital Computer Company as a “consultant.” Reportedly, she functioned in much the same capacity she did when she was in the Navy, traveling on lecture tours around the country, speaking at engineering forums, colleges, universities and computer seminars passing on the message that managers shouldn't be afraid of change. In her opinion, "the most damaging phrase in the language is `We've always done it this way.'". While the question on “Who Wants to be a Millionaire for the top prize was what insect was the “computer bug,” which was the moth, this word was coined by Admiral Hopper and the Navy has a picture of what she discovered. She also is attributed with the phrase, “Computer debugging.” She is said to also have had quite a sense of humor. She was a constant smoker of filter less Lucky Strike cigarettes. The USS Hopper (DDG 70) is named after her honor. Died January 1,1992, Arlington, WV.
http://www.history.navy.mil/photos/pers-us/uspers-h/g-hoppr.htm
http://www.agnesscott.edu/lriddle/women/hopper.htm
http://www.sdsc.edu/ScienceWomen/hopper.html
http://ei.cs.vt.edu/~history/Hopper.Danis.html
http://www.chips.navy.mil/links/grace_hopper/file2.htm
http://www.chinfo.navy.mil/navpalib/ships/destroyers/hopper/hoprcom.html
    1916- Trumpet player Bob Scobey birthday
http://artisttv.artistdirect.com/music/artist/bio/
0,,490603,00.html?artist=Bob+Scobey
http://www.stompoff.com/westcoast.html
http://www.musicweb.uk.net/encyclopaedia/s/S38.HTM
http://www.jazzbymail.com/artists/bsfjb.html
http://64.33.34.112/.WWW/turkmurp.jpg
http://www.sftradjazz.org/75.html http://www.trumpetjazz.com/artists.cgi?name=Bob+Scobey&x=21&y=9
    1917 - A severe winter storm struck the Ohio Valley and the Great Lakes Region. It produced 25 inches of snow and wind gusts to 78 mph at Buffalo NY. The storm produced 26 inches of snow at Vevay IND, with drifts fourteen feet high. By the 16th of the month people could walk across the frozen Ohio River from Vavey into Kentucky.
    1918-Birthday of violinist Joe Thompson, Mebane, NC
    1919- Birthday of Roy deCarava, first Black American photographer to be awarded a Guggenheim Fellowship.
http://www.frif.com/cat97/a-e/conversa.html
http://www.lib.virginia.edu/speccol/exhibits/rec_acq/history/sweet.html
http://www.masters-of-photography.com/D/decarava/decarava.html
http://artcyclopedia.com/artists/decarava_roy.html
http://www.tfaoi.com/aa/2aa/2aa68.htm
http://www.washingtonpost.com/wp-srv/style/museums/photogallery/
decarava/decarava1.htm
    1922-Birthday of Redd Foxx, born John Elroy Sanford at St. Louis, MO. Redd Foxx plied his comedic trade on vaudeville stages, in nightclubs, on television, in films and on record albums. His talents reached a national audience with the TV sitcom “Sanford and Son.” He died after collapsing during a rehearsal for a new TV sitcom, “ The Royal Family, “ at Los Angels, CA. Oct. 11, 1991.
http://www.triviatribute.com/reddfoxx.html
http://www.cmgww.com/stars/foxx/biography.html
http://www.tvtome.com/tvtome/servlet/PersonDetail/personid-38305
    1926 – 17 year old Benny Goodman's first recording session, Chicago, playing clarinet with Ben Pollack and His Californians .Victor Records. He had a 16 bars solo of a song called "He's the Last Word." Goodman worked hard to raise his family out of abject poverty in Chicago. Sadly, his father was hit by a car and killed on the same day Goodman recorded the solo. His father never came to one of Goodman's shows because he didn't own a suit.
    1927-Birthday of sax player Bennie Green, Leeds, England, Died
March 22,1977
http://search.centerstage.net/music/whoswho/BennieGreen.html
    1927-Red McKenzie-Eddie Condon stage first Chicago-style session, Chicago, Okeh records.
    1932-Birthday of trumpet player Donald Byrd, Detroit,MI
http://members.tripod.com/~hardbop/byrd.html
http://www.thejazzfiles.com/JazzByrd.htm
http://www.duke.edu/~vks2/biography.html
    1932-Birthday of song writer/singer Jesse Hill, New Orleans, LA, Died
Sept. 16, 1966.
http://www.offbeat.com/obfebruary2002/feature.html
    1934-Birthday of harmonica player Junior Wells, West Memphis,AR Died
Jan. 15, 1998
http://www.island.net/~blues/junior.html
http://www.juniorwells.com/jwbio.htm
http://www.imdb.com/Name?Wells,+Junior
    1938 – Birthday of David Houston (Grammy Award-winning singer: Almost Persuaded [1966]; Mountain of Love, Livin' in a House Full of Love, With One Exception, You Mean the World to Me, Have a Little Faith, Already It's Heaven, Baby Baby [I Know You're a Lady], So Many Ways; actor: Carnival Rock, Cottonpickin' Chickenpickers; died Nov 30, 1993)
    1938 – Birthday of Deacon (David) Jones (Pro Football Hall of Famer: LA Rams: coined the term ‘sack' of which he was premier at the time; NFL defensive player of the year [1967, 1968]; San Diego Chargers, Washington Redskins)
    1940-The Chicago Bears won the NFL championship by defeating the Washington Redskins, 73-0, the most one-sided victory in the league's title game.
    1941-The first American bombing mission took place two days after the Japanese attack on Pearl Harbor,when B-17 airplanes of the 19 th Bombardment Group attacked Japanese ships off the east coast of Vigan, Luzon, Philippine Island.
    1941-Fighter plane from the United States to destroy a Japanese airplane in World War II was a Grumman F-50 Wildcat fighter of the Marines, which downed a twin-engine bomber off Wake Island.
    1941- Although having a 3-C draft deferment due to being the sole support of his family, Bob Feller, last year's AL leading pitcher with 27 victories for the Indians, becomes the first major leaguer to enlist after the Japanese attack on Pearl Harbor. The 23-year old navy recruit has already won 107 major league games.
http://www.bobfellermuseum.org/
    1942 – Birthday of Dick Butkus (College and Pro Football Hall of Famer: Chicago Bears: middle linebacker: NFL Defensive P1943 – Birthday of Jim Merritt (baseball: pitcher: Minnesota Twins [World Series: 1965], Cincinnati Reds [World Series: 1970/all-star: 1970], Texas Rangers) player of the Year [1969, 1970]; actor: Rich Man, Poor Man, Half Nelson)
    1943 – Birthday of Jim Merritt (baseball: pitcher: Minnesota Twins [World Series: 1965], Cincinnati Reds [World Series: 1970/all-star: 1970], Texas Rangers)
    1943-Birthday of trumpet player Jimmy Owens, New York City
http://www.trumpetjazz.com/artists.cgi?name=
Jimmy+Owens&x=15&y=5
    1946—Top Hits
Ole Buttermilk Sky - The Kay Kyser Orchestra (vocal: Mike Douglas & The Campus Kids)
Rumors are Flying - The Frankie Carle Orchestra (vocal: Marjorie Hughes)
The Old Lamplighter - The Sammy Kaye Orchestra (vocal: Billy Williams)
Divorce Me C.O.D. - Merle Travis
    1953 - Frank Sinatra recorded "Young At Heart". The song was turned down by Nat ‘King' Cole and other artists, believe it or not. It became a top hit in the U.S. in March of 1954.
    1954—Top Hits
Mr. Sandman - The Chordettes
Count Your Blessings - Eddie Fisher
Dim Dim the Lights (I Want Some Atmosphere) - Bill Haley & His Comets
More and More - Webb Pierce
    1956 - The Million Dollar Session was held at Sun Records in Memphis, TN. Elvis Presley, Johnny Cash, Carl Perkins and Jerry Lee Lewis gathered for an impromptu jam session. Six songs by the artists were recorded at this session. None of the songs was released for nearly three decades.
    1958-In Indianapolis, retired Boston candy manufacturer Robert H.W. Welch, Jr., establishes the John Birch Society, a right-wing organization dedicated to fighting what it perceives to be the extensive infiltration of communism into American society. Welch named the society in honor of John Birch, considered by many to be the first American casualty in the struggle against communism. In 1945, Birch, a Baptist missionary and U.S. Army intelligence specialist, was killed by Chinese communists in the northern province of Anhwei.The John Birch Society, initially founded with only 11 members, had by the early 1960s grown to a membership of nearly 100,000 Americans and received annual private contributions of several million dollars. In the early days of formation, Ronald Reagan came to several meetings in the Pacific Palisades (he was never listed as a member); as a teenager, I parked the cars for one of my neighbors who held the meetings. The John Birch Society remains active today, and its members seek "to expose a semi-secret international cabal whose members sit in the highest places of influence and power worldwide."
    1960 - Sperry Rand Corporation of St. Paul, MN unveiled a new computer, known as Univac 1107. The electronic wizard employed what was known as thin-film memory.
    1962—Top Hits
Big Girls Don't Cry - The 4 Seasons
Return to Sender - Elvis Presley
Bobby's Girl - Marcie Blane
Don't Let Me Cross Over - Carl Butler & Pearl (Dee Jones)
    1962-Arizona's Petrified Forest National Monument was established as a national park.
http://www.orerockon.com/petrified_forest.htm
http://www.nps.gov/pefo/
http://www.petrifiedforest.org/
    1965- "A Charlie Brown Christmas" premieres
http://www.ew.com/ew/fab400/tv100/60s_p4.html
http://www.phillyburbs.com/holidays/christmas/tv/cbc.shtml
http://us.imdb.com/Title?0059026
    1965-An article in the New York Times asserts that the U.S. bombing campaign has neither destabilized North Vietnam's economy nor appreciably reduced the flow of its forces into South Vietnam. These observations were strikingly similar to an earlier Defense Intelligence Agency analysis, which concluded that "the idea that destroying, or threatening to destroy, North Vietnam's industry would pressure Hanoi into calling it quits seems, in retrospect, a colossal misjudgment." President Johnson called for more ground troops to be deployed to South Viet Nam.
    1970—Top Hits
I Think I Love You - The Partridge Family
The Tears of a Clown - Smokey Robinson & The Miracles
Gypsy Woman - Brian Hyland
Endlessly - Sonny James
    1972- Capitol Records has its first Number One hit in more than four years: Helen Reddy's "I Am Woman." The last Capitol act, besides the Beatles, to as well was also a woman, Bobbie Gentry, whose Number One hit was "Ode to Billy Joe," in 1967.
    1972- Elton John's "Crocodile Rock" is released.
    1978—Top .
Le Freak - Chic
I Just Wanna Stop - Gino Vanelli
I Love the Nightlife (Disco 'Round) - Alicia Bridges
On My Knees - Charlie Rich with Janie Fricke
    1978-John Belushi and Dan Ackroyd's version of Sam & Dave's "Soul Man" is released under the name, "The Blues Brothers."
1980- 61ºF in Boston at 1 AM
    1984 - Walter Payton of the Chicago Bears got another first as he ran six plays as quarterback. He was intercepted twice, but ran the ball himself on four carries. It didn't help. The Green Bay packers still won, 20-14. Payton said after the game, “It was okay, but I wouldn't want to do it for a living.”
http://www.sportingnews.com/archives/payton/
http://www.payton34.com/
    1984 - Eric Dickerson, then of the Los Angeles Rams, became only the second pro football player to run for more than 2,000 yards (2,105) in a season.
http://images.nfl.com/history/images/1209.jpg
    1986—Top Hits
The Next Time I Fall - Peter Cetera with Amy Grant
Hip to Be Square - Huey Lewis & The News
The Way It Is - Bruce Hornsby & The Range
It Ain't Cool to Be Crazy About You - George Strait
    1987 - The fifth storm in nine days kept the northwestern U.S. wet and windy. Winds along the coast of Washington gusted to 75 mph at Oceans Shores and at Hoquiam, and the northern and central coastal mountains of Oregon were drenched with three inches of rain in ten hours, flooding some rivers. Snowfall totals in the Cascade Mountains of Washington State ranged up to 36 inches in the Methow Valley. High winds in Oregon blew a tree onto a moving automobile killing three persons and injuring two others at Mill City
    1987-Ron Hextall of the Philadelphia Flyers became the first goalie in NHL history to shoot the puck into the opposition team's net in a 5-2 victory over the Boston Bruins.
    1988 - A winter storm blanketed the Southern and Central Appalachians with up to ten inches of snow. Arctic air invaded the north central U.S. bringing subzero cold to Minnesota and North Dakota.
    1995 - The Beatles' "Anthology 1" was #1 in the U.S. The double CD contained 60 Beatles songs and was the their sixteenth number-one album. It also set a record for the longest time span for a run of number-one albums: 31 years and 10 months between "Meet the Beatles" and "Anthology 1.”

[headlines]

American Football Poem

 Print Bad Call Brick .

[headlines]