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Leasing News is a web site that posts information, news, and
entertainment for the commercial bank, finance and leasing industry

Los Angeles, CA

Credit Analyst
 Review and Approve Applications/Vendors

Documentation/Funding Staff
 Leasing/Banking experience a plus

Experience preferred. Salary, Commission
Bonuses and Benefits.

For more description of duties, please click on position
At Pacific Capital Companies our mission is to provide the American business sector with fast, innovative, financing solutions
to grow their companies and exceed their goals.


Tuesday, February 25, 2013

Today's Equipment Leasing Headlines

Alert!--From Bernie Boettingheimer, CLP
 President, Lease Police
  Classified Ads---Legal
Odyssey Merges with Pinnacle Capital!
 --- Brent Hall, CLP, on Growth Mode
  Working Out of Your Residence or Company Hq.
   by Christopher Menkin
    Placard---You Don’t get Paid by the Hour
 Leasing Association Conferences---Updates
  ---Two in March, Two in April
   Leasing 102 by Mr. Terry Winders, CLP
    Bargain Option Leases vs. Loans
     “Do I need to sign a non-disclosure agreement?”
       Career Crossroad---By Emily Fitzpatrick/RII
        Classified Ads---Help Wanted
 Equipment Lessor Let Off the Hook by Use
  of a Condensed Statute of Limitations Clause
   By Tom McCurnin
    Top Stories February 19--February 21
     (You May Have Missed)
      Classified ads
       — Collector/Collections/Consultant/Communications
        Labrador Retriever/Australian Cattle Dog (Blue Heeler)
         Shelton, Washington
News Briefs---
Georgia bank settles suit
 Credit card debt hits all incomes -- big and small
  Mobile device connections growing quickly
   Kodak hopeful of moving out of bankruptcy in 2013
    For 7th Year, Dunkin' Ranks No. 1 in Customer Loyalty

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

  You May have Missed---
   SparkPeople--Live Healthier and Longer
    Sports Briefs---
      California Nuts Brief---
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          This Day in American History
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Alert!--From Bernie Boettingheimer, CLP,
President, Lease Police

"We have just learned that Daryl Honowitz who was operating as Database Developers, Inc. and was the subject of an” Alert” to you on June 6, 2012 is now operating under a new corporate name. Please update your records."


June 6, 2012, Mr. Honowitz was reported by Lease Police to have 14 disguised sale/leasebacks, which at the time 40% in collection problems, under the name Database Developers, Inc. A current review revealed more collection problems, as well as two of the brokers were being sued by the funding source regarding “reps and warrants.”

At the time, Bernie Boettingheimer had reported, "We uncovered 3 ‘side agreements’ signed by lessees with Daryl Honowitz’s other firm, United Tech Holdings, Inc. and found that recent lessees of Database Developers were agreeing to an “ADVANCE LEASE BACK” which gave a cash back sum of 70% of all invoiced dollar amounts to the GUARANTOR by affiliates or vendors of United Tech Holding”. On May 11, 2012 we confronted Daryl Honowitz with these facts and he acknowledged that these documents exist, but that they are actual unrelated agreements with outside brokers and undisclosed funding sources. We demanded to have names and proof of his statements. Nothing has been heard from him since.

“The 14 deals mentioned were done through several brokers with 3 funding sources"

Disguised Sale/Leasebacks


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



Classified Ads---Legal

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

San Diego , CA 
Experienced in-house corporate, equipment leasing and financial services attorney seeks position as managing or transactional counsel. Willing to relocate.
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All “free” categories “job wanted” ads:


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Odyssey Merges with Pinnacle Capital
--- Brent Hall, CLP, on Growth Mode

Going on his 47th year in the leasing business, John Torbenson, founder of Odyssey Equipment Financing Company, Scottsdale, Arizona, announced that his company would be the South west Regional Office of Pinnacle Capital, Tacoma, Washington, founded in 2000 by Brent Hall, CLP.

It appears Pinnacle is expanding again with a new office in Tacoma as well as Odyssey now moving to 8700 East Vista Bonita Dr., Suite 228 Scottsdale, Arizona 85260

The Pinnacle Capital website states there are twenty employees and Odyssey Equipment has one back off and " a couple of salesmen."

Odyssey is a member of the National Association of Brokers and Pinnacle Capital a member of the National Equipment Finance Association.

John Torbenson

"This merger gives us even more capacity and flexibility to finance a larger variety of equipment for businesses both nationwide and in Canada," Torbenson says. " We will also have the capability to better serve our dealers and lessees with quicker credit approvals and funding on completed leases and contracts, thanks to our improved back office capabilities.

"We especially look forward to adding our information and quick credit application to our dealer network websites, giving their clients the ability to apply online or print and fax the application at their convenience. We are excited to discuss with our many nationwide dealers the benefits of our programs in adding value to their product offerings!"

John Torbenson goes way back to IFG Leasing, Great Falls, Montana, as national broker division manager, Inter-Regional Financial Group, in the late 1970s, until 1984. It was there that he met Oren Hall, father of Brent Hall. Oren Hall was John's best man when he got married in 2000.

In 1996, John owned and operated Heritage Leasing, Bellevue, Washington with six salesmen and a staff of four. Oren Hall had Heritage Leasing in Sacramento, California, John Otto in Fresno, and Ruth Paddock in San Diego. All the employees bought their branch location. Ron Wagner worked closely with all the employees, according to John Torbenson. (Both Otto and Paddock have passed away, Hall is retired and living in Reno, Nevada).

Brent Hall, CLP

Both John Torbenson (1996) and Brent Hall (2009) have in common they were presidents of what is now known as the National Equipment Finance Association.

John Torbenson Celebrates 43rd Year in Leasing business



Working Out of Your Residence or Company Headquarters
by Christopher Menkin

The trend across the country has been to work from home with the fast internet speeds, software programs available through the "cloud" or to so-called secured servers, or often building your own “station” with what you need.

This trend first started with sales, then spread to collections, credit, and other departments where the employee can work more than eight hours without being paid overtime, save a babysitter and commute fees.

It does not just apply to here in Silicon Valley, where employers compete not only with salary, but the perks of free food, gym, and even Wi-Fi buses that take you to work and back, when you are not working out of your home.

Yahoo has been going under changes, including a new front news page, with the latest changing the direction of not working out of your home. Yahoo HR head Jackie Reses. “We need to be one Yahoo!, and that starts with physically being together.”



Over the past few months, we have introduced a number of great benefits and tools to make us more productive, efficient and fun. With the introduction of initiatives like FYI, Goals and PB&J, we want everyone to participate in our culture and contribute to the positive momentum. From Sunnyvale to Santa Monica, Bangalore to Beijing — I think we can all feel the energy and buzz in our offices.

To become the absolute best place to work, communication and collaboration will be important, so we need to be working side-by-side. That is why it is critical that we are all present in our offices. Some of the best decisions and insights come from hallway and cafeteria discussions, meeting new people, and impromptu team meetings. Speed and quality are often sacrificed when we work from home. We need to be one Yahoo!, and that starts with physically being together.

Beginning in June, we’re asking all employees with work-from-home arrangements to work in Yahoo! offices. If this impacts you, your management has already been in touch with next steps. And, for the rest of us who occasionally have to stay home for the cable guy, please use your best judgment in the spirit of collaboration. Being a Yahoo isn’t just about your day-to-day job, it is about the interactions and experiences that are only possible in our offices.

Thanks to all of you, we’ve already made remarkable progress as a company — and the best is yet to come.


Many Leasing News advertisers looking for sales personnel want them to work out of the headquarter office with the sales manager, the staff, and in certain areas, such as Santa Monica, California, Long Island, New York, Baltimore, Maryland, are even compromising to work one or two days out of the headquarter office, although they would prefer every day.

This also applies for credit and collection employment as many are finding working out of the home may be more "efficient" for the employee, but it does not grow the company, or as important, insure that the employee with become part of the "culture" and want to stay.

With the independence of working out of a home, an employee can go to work for anyone, anywhere. There are other advantages besides the saving of commute or perhaps babysitter fees, as a person working out of California can start at 6am to call the East Coast or a person on the East Coast can call at 8pm to still reach someone on the West Coast. Working out of Hawaii is much more demanding or working overseas, but there is flexibility more than at one fixed location.

Yet the move by Yahoo, seemingly controversial, may have much merit.

Seeking career minded business development
officer- leasing experience helpful
Grow with us as we expand our
business lending & leasing
Call Exec. VP Salvatore Venuto 515-576-9000 x1704
or email:

Since 1969, Macrolease has been operating
as a full service national equipment leasing company,
a subsidiary of Bank Rhode Island







Leasing Association Conferences---Updates
Two in March, Two in April


Leasing Association 2013 Conferences

Dwight Galloway, CLP, RLC Funding, will be
covering the Equipment Finance Summit for Leasing News.
Any comments or observations for readers, please see Mr. Galloway.

March 14, 2013
2013 National Equipment Finance Summit
Hyatt Regency Albuquerque

"Finding Good Employees & Succession Planning"
"What and How We've Changed to Survive"
"Working with New Funding Sources.
-- Perspectives in Today's Marketplace"
"Reduce Costs and Improve Your Customers’ Experience
– Process Improvement Using Six Sigma & Lean Me"


Pricing Sheet

Hot-Air Balloon Ride

Full Schedule:

CLP Master Review Class

Thursday - March 14th (8:00 am - 4:00 pm)

This comprehensive eight-hour program is taught by Certified Lease Professionals (CLP) and is an excellent opportunity for a CLP candidate to ask specific questions of the instructors on the six toughest subjects in equipment financing.
Below is the schedule:

8:00 - Financial Accounting led by
Nancy Geary, CPA, CLP - ECS Financial Services

9:30 - Law, Documentation & Collections led by
Barry Marks, Esq., CLP - Marks & Weinberg, PC

12:30 - Lease Pricing led by
Nick Ross, CLP - Bank of the West

2:30 - Classification & Terminology led by
Jim Merrilees, CLP - Tip Capital

The class if free to attend for conference attendees; however the materials may be purchased for a nominal price. The materials are typically $150 for a printed and bound copy and $100 for a digital version; however we offer a special to conference attendees: the materials are $50 for a printed and bound copy and $25 for a digital version.

If you are not already registered to take this class, please notify Reid Raykovich, CLP (

Bruce Kropschot, the Alta Group, is covering this
important conference for Leasing News and will have
a special report.

Conference Agenda:



Paul Menzel, CLP, President, Financial Pacific, will be covering the
National Funding Conference for Leasing News


April 9-11, 2013
25th Annual National Funding Conference
Fairmont, Hotel, Chicago

This is the top "A" funding conference, many do not attend other conferences, and registered meetings are always "over booked" followed by much networking in and out of meetings

For More Information:


Dwight Galloway, CLP, RLC Funding, will be covering
the Annual Conference for Leasing News. Be sure to look for him with any
news you want to share with Leasing News readers.

April 18-20, 2013
Annual Conference
Las Vegas, Nevada

Keynote Presentation: How to Have Your Best Year Ever
Presented by: Bryan Dodge, Dodge Development, Inc.

Building a Team That Works Without You
Presented by: Bryan Dodge, Dodge Development, Inc.

Work/Life Balance
Presented by: Bryan Dodge, Dodge Development, Inc.

Professional Development
Presented by: Patrick Sponsel, Sharpe Equipment Leasing, Inc

Broker 101: The Foundation (Part 1) [CLP-CPE Credit]
Presented by: Charles (Bud) Callahan, Jr., CLP, BPB,
National Equipment Leasing, Inc.

Broker 101: The Foundation (Part 2) [CLP-CPE Credit]
Presented by: Charles (Bud) Callahan, Jr., CLP, BPB,
National Equipment Leasing, Inc.

There’s Gotta be a Pony Under Here Somewhere! [CLP-CPE Credit]
Presented by: Bob Teichman CLP, Teichman Financial Training

7th Annual 'Women in Leasing Luncheon, April 18th 2013
Please contact Katie or Marci for more details at 801-733-8100

Schedule of Events
Schedule PDF

Registration (includes registration fees)

Hotel Reservation

Look For:

What Does Your Face Reveal?

Mac Fulfer
2013 Featured Presenter - Mac Fulfer

Face reading gives you an advantage before you even finish shaking hands. Acclaimed face reader Mac Fulfer will explain how the face is a road map with a language of its own, and how understanding its meaning will build relationships that will transform your business. Attendees will receive information that they can see and use immediately. The presentation will cover the scientific basis for face reading and give participants interactive information about what is being said but not spoken. Mac promises "You will never look at another person the same way again!"

About Mac: Mac Fulfer practiced law for nearly 22 years and initially became interested in the practice of face reading for the purpose of jury selection. He quickly discovered that face reading changed his perspective, allowing him to see people more compassionately through the experiences reflected on their faces. Since then, he has researched and developed these skills and presented ideas in workshops across the country. His workshops are in great demand from lawyers, educational institutions, Fortune 500 companies and other venues that have an interest in understanding people.



September, 2013
Sep 12, 2012
2013 Funding Symposium


September 27-28, 2013
2013 NAELB Western Regional
Irvine, California

October 20-22
ELFA 52nd Annual Convention
JW Marriott Grand Lakes-Orlando, Florida

November 1-2, 2013
2013 Eastern Regional
Nashville, Tennessee




Leasing 102
by Mr. Terry Winders, CLP

Bargain Option Leases vs. Loans

There has been an increase in small ticket transactions using “business loans,” particularly for “C” and “D” credit.

“Leasing” still has many advantages in the small ticket arena, although loans also have their role. It is best to understand the differences so you can explain it to your customer, as well as understand the differences between being a “lessor” and a “creditor.”

Loans are more easily identified. Leases break down into several types, with different viewpoints both legally and tax wise.

A bargain purchase option makes the lease transaction a “capital lease” for GAAP. From the Certified Leasing Professional Handbook: “"Bargain Purchase Option: A lease provision allowing the lessee, at its option, to purchase the leased property at the end of the lease term for a price that is sufficiently lower than the expected fair market value of the property, such that the exercise of the option appears, at the beginning of the lease, to be reasonably assured."

Any bargain option lease that qualifies for legal as an Article 9 lease “intended as a security” is often compared to a sales contract on equipment called Equipment Finance Agreement, known more often as “E.F.A.” (often abbreviated as “EFA.” There are a number of similarities between the two but we are more interested in the differences.

To begin with a lease usually contains a non-cancelable term, required by Article 2A; “a transaction creates a security interest if the consideration the lessee is to pay to the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee”’

The definition of non-cancelable is that the lessee may not cancel the lease without paying the remaining rents and return the equipment. It also means the lessee has no right to pay the balance and take title. Early termination that allows a reduced rent and allows passing of title is clearly a EFA or a loan.

A loan is cancelable. However, most lessors of bargain option leases ignore the non-cancelable for early payoffs if the lease is replaced with equipment replacing the older equipment in the lease. Or sometimes if the transaction is small they will hold to the non-cancelable due to the limited income and in some instances, include the old bargain purchase option in the new purchase option as a “Purchase Upon Terms,” known as a “P.U.T.”

In addition some will offer early termination after a fee and return of the equipment.

Some lessors will place an interest rate or equipment cost on the documents that clearly makes the document an EFA. By doing this, they take away the lessee’s capability to call the transaction a lease and use capital lease treatment. If a bargain option exists and the lessor has assumed a small residual for lease accounting, it requires the lessee to discount the rentals to determine the net present value and interest. The residual will reduce the lessee’s net present value making the transaction look cheaper.

By placing equipment cost or interest on the agreement it makes it a loan and not a lease.

An EFA or a loan usually requires down payments, financial restrictions, or additional collateral, as well generally are for shorter terms, even nine months, not uncommon in “business loans” and usually no longer than 36 months.

Leases do not contain any of these requirements. In addition the leased agreement does not contain any language that addresses down payments or additional collateral. They normally are 36 to 60 months and 72 months are also readily available on certain dollar size leases (and equipment, too).

As noted, leases are generally longer term than a loan and thus a lower monthly payment. They have other advantages, depending on the depreciation available, meaning often a lease payment can be subtracted faster than depreciation and have tax advantage. In addition, many do not put leases in the liability section, although may footnote it as a rent of property.

From a lessor’s viewpoint, servicing a lease requires following for monthly sales tax, if not paid up front, and annual property tax that does not exist in a EFA or a loan.

While “warranty” is the responsibility of the lessee if the supply contract has been passed, it often is a legal issue in defaults or remedy, but never in an EFA as the situation is creditor and debtor, not lessor and lessee.

There are other matters from the lessor’s viewpoint:

Documentation for lease transactions requires documents not used in lending such as. Purchase orders, vendor invoices, sales tax remittance forms, acceptance forms and others.

Lease documentation (master lease agreement) has requirements for equipment maintenance and return conditions not found in lending.

Lease documentation contains strong language and many defaults not found in loan documentation such as: equipment location; if location changes then sales tax changes. This requires a lease accounting package that can create location reports on multiple assets to insure proper tax remittance, or a default if equipment does not follow manufactures required maintenance schedule plus other requirements not found in traditional loan documentation.

Lease Insurance requires the lessee to purchase and provide “Liability” coverage in addition to the “Loss Payable Clause. Liability insurance is not necessary on a loan because the ownership is in the customer’s name whereas in a lease the title is in the lessors name until successful termination.

Late charges on leases are usually 5% or in some cases 10% of the payment or have a minimum not often found in Loans.

Lessee’s use $1 leases to control costs, if they are not using GAAP accounting. They expense the rents as paid for book accounting instead of using FASB 13.

In summation: Bargain purchase option leases are not operating or tax leases but because of the differences they are popular with customers for a variety of reasons as noted. They are easier to sell because of the willingness of the lessor to create leases that have payments that match the cash flow of the lessee and are not level like loans. Lessors also have irregular terms that match the use of the equipment and can terminate at the right time of the year to accommodate the lessee’s business needs.

Note: Certain equipment should also always be an EFA such as a gasoline truck or equipment with high risk in its use and application or dependence on the manufacturer or others for updates and use. There are too many liabilities for the lessor.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at or 502-649-0448.

He invites your questions and queries.

Previous #102 Columns:

Mr. Terry Winders available as Expert Witness. 35 years as a professional instructor to the top equipment leasing and finance companies in the United States, 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.

Mr. Winders received his Master of Business Administration and his Bachelor of Science degrees from the College of Notre Dame.


(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)




"Do I need to sign a non-disclosure agreement?"
Career Crossroad---By Emily Fitzpatrick/RII

Question: I am in the second portion of the interview process with a company. They are requesting I sign a non-disclosure agreement; I don’t feel comfortable doing this. What are your thoughts?

Answer: A company requesting that you sign an non-disclosure agreement (also known as a Confidentiality Agreement) is a positive sign that the company is interested in pursuing you.

An non-disclosure agreement or confidentiality agreement is meant to:

“… Prevent secrets from getting into the wrong hands. Some common examples include bringing in a consultant, talking to potential partners, or hiring an employee … it is meant to ensure that the people taken into confidence don't share secrets …the person (Candidate) who receives access to proprietary information agrees to keep such information confidential … this agreement may also cover trade secrets, which is information that is not generally known outside the company, and that gives that particular company a competitive edge …”

It appears that the company wants to disclose confidential information and trade secrets with you, as part of the interviewing process. Often it is necessary that the company protects itself from Candidates “leaking” information, purposely or not, to their competitors.

On occasion, there are individuals who “appear” to be interviewing, but in actuality are just gathering industry and/or competitor information (this is NOT the norm, but it does happen).

Signing an non-disclosure agreement for the purposes of learning about a potential employer’s operations or “way of doing business” can only assist you in making an informed decision.

If you are still not sure if you want to sign such an agreement, I may suggest consulting with an attorney to read the document language and to make sure that signing the document does not “hurt” you in the future. If the cost is only a few hundred dollars, and the position is important to you, make sure you get this done in a timely fashion, as often there is a time frame for your next appointment.

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
Invite me to Connect on LinkedIn
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns



Leasing Industry Help Wanted  

Los Angeles, CA

Credit Analyst
 Review and Approve Applications/Vendors

Documentation/Funding Staff
 Leasing/Banking experience a plus

Experience preferred. Salary, Commission
Bonuses and Benefits.

For more description of duties, please click on position
At Pacific Capital Companies our mission is to provide the American business sector with fast, innovative, financing solutions
to grow their companies and exceed their goals.



Seeking career minded business development
officer- leasing experience helpful
Grow with us as we expand our
business lending & leasing
Call Exec. VP Salvatore Venuto 515-576-9000 x1704
or email:

Since 1969, Macrolease has been operating
as a full service national equipment leasing company,
a subsidiary of Bank Rhode Island


For information on placing a help wanted ad, please click here:

Please see our Job Wanted section for possible new employees.


Equipment Lessor Let Off the Hook by Use
of a Condensed Statute of Limitations Clause

By Tom McCurnin
Barton, Klugman & Oetting


Infectious Disease Solutions v Synamed, 2012 WL 1106847
(E.D. NY. 2012)

Jerry: Elaine!

Jerry: Do women know about shrinkage?

Elaine: What do you mean like laundry?

Jerry: No, like when a man goes swimming afterwards.

Elaine: It shrinks?

Jerry: Like a frightened turtle!

Elaine: Why does it shrink?

George Costanza: It just does.

Elaine: I don't know how you guys walk around with those things.

(From Seinfeld "The Hamptons", 1994)

I’ve overseen hundreds of lawsuits over medical equipment, and can say that Doctors are notoriously poor businessmen, and equally poor litigants, often dumping thousands of dollars into litigation which to me made no sense. Here, the Doctor agreed to a “shrinkage” of the statute of limitations from four years to one year, and when his lawsuit was thrown out of court, he found himself as embarrassed as George Costanza.

Today’s case involves medical software lease. The facts of the case, if the reader cares to read the decision, are overly complicated for the principal for which the case stands, so I will only summarize the salient facts

In 2004, Infectious Disease Solutions (IDS) as a Georgia lessee, leased a turnkey medical billing computer and software with a portal to various imaging laboratories from Synamed on a three year lease. As soon as I read this, I groaned, because it sounded like an overpriced stock computer bundled with some proprietary software, which may or may not actually work and some monthly support services. Shortly after the installation, the Lessee became aware that the software did not perform as promised, and its receivables increased, and collections decreased.

The lease had an interesting clause which required the lessee to commence any action over the lease within one year. The lease was governed by New York law. HPSC purchased the receivable for the lease, although the lessee thought it was the servicer. The software did not perform to expectations. The lease also had a forum selection clause for New York.

IDS sued Synamed in Georgia in 2007 and the case was not quickly dismissed as a result of the forum selection clause. Undeterred, IDS filed suit in New York in 2010 for breach of contract and fraud.

Synamed quickly moved for summary judgment based on its clause that any action must be filed within one year. It was undisputed that IDS’s claim commenced in 2005 and was probably barred in mid-2006.

The District Court had no problem quickly disposing of this case and dismissing it. The Court cited New York law which upholds such contractual shrinkage of the statute of limitations. The Court was not terribly excited about its ruling and thought it might be unfair, but was duty bound to follow the law.

“The Court is troubled by the record in this case as it appears the Defendants may not have lived up to their promises. Nevertheless, the Court is constrained to dismiss Plaintiff’s claim pursuant to [the terms of the contract]

Putting aside the fact that the Lessee probably got hosed on this deal, the lessons for the equipment lessor, especially captives, can be summarized as follows:

First, if the lessor’s jurisdiction allows, a captive lessor should consider shrinking the statute of limitations for claims by the lessee for defective equipment or services. If the jurisdiction allows, the lessor can still have its full statute of limitations, but the lessee would have a shorter one. Banks routinely do this on claims made on forgeries, so I see no reason why that same clause couldn’t be inserted in a lease.

Second, this case also demonstrates the value of a forum selection clause. New York is a business friendly State. I’m not sure the result would have been the same in Georgia, where the suit was originally filed.

Third, for lessees, if the stuff the lessee doesn’t perform, don’t waste time, and file suit right away. Looking at the timeline, the lessee wasted a lot of time before filing suit in Georgia, and wasted another 2 years fooling with the Georgia courts. Given the comments by the Court, if this case was timely filed, the New York courts may have had a different result.

The bottom line is that sometimes shrinkage is a good thing, here it saved the day for an otherwise culpable equipment lessor. The lessor’s lawyer should get a box of cookies for his/her good work.

Tom McCurnin is a partner at Barton, Klugman & Oetting
in Los Angeles, California.

Shrinkage Case:


Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at

Previous Tom McCurnin Articles:



Top Stories February 19--February 21
(You May Have Missed)

Here are the top ten stories opened by readers:

(1) Archives, February 21, 2007
Where in the world is Paul Weiss?

(2) Leasing Veteran Rex Wiggins Passes Away

(3) Pacific Capital Chooses Orion First Financial

(Tie) (4) New Hires---Promotions

(Tie) (4) Photocopier Leases: Washington Court
Ignores "Integration Clause" in Lease
By Tom McCurnin

(5) Predicting a Salesperson's Success
Sales Make it Happen by Steve Chriest

(6) Boat belonging to missing banker also missing

(7) Leasing 102 by Mr. Terry Winders, CLP
Asset Description and Use

(8) FairIsaac Facts About Credit Scores (20 pages)

(9) American Finance solutions Grows 60% in One Year

(Tie) (10) African-American Religious Bank Fails in Chicago
Bank Beat

(Tie) (10) Henry Schein Acquires The Maddox Practice Group



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International commercial collection services all fees are on contingency on line access.

Collector: Milwaukee, WI 
We specialize in ATM machine reposession and remarketing. We can get you top dollar for your inventory.

Collector: Nationwide
End of lease negotiations & enforcement. Third-party collections. Skip-tracing. Background checks. Credit & asset investigations. 15+ years in leasing industry. Providing services to clients nationwide.

Collector: Saint Louis, MO
Complete commercial collection agency. Licensed bonded in all states and will out performed any other agency!
Call 1-800-659-7199 ext.315
Consultant: Nationwide
25 yrs. experience: Creating/Refining Business Plans to raise capital· Credit Underwriting support/policy/procedure development · Operations Support/policy/procedure development.
Call: 610-246-2178, McCarthy Financial, LLC,
Consultant: Burlington, CT
We provide our clients with a full range of consulting services such as portfolio conversions, reconciliation, custom programming and leasing operations utilizing InfoLease. 
Consultant: Europe
15 years doing deals/running own technology leasing company – looking to advise/ lead new entrants to take advantage the European market opportunity. or 
Consultant: Henderson, NV
Focus on new business development and process efficiencies to create incremental revenue and profitability. Executive level vendor experience, and satisfied outsourcing clients. Incredible track record.

Consultant: Sausalito, CA
Lease trainer and consultant. 38 years in equipment leasing. Expert in transaction analysis, financial statement analysis, credit, packaging, structuring. Presents highly popular classes and workshops.

Consultant: North of Detroit, MI 
INFOLEASE EXPERT - 18 years experience. Since being downsized in 2002, working as a consultant for several leasing companies. Seeking consulting projects nationwide. 

Consultant: Ridgefield CT.
Lisa Lersner w/20 years exp. specializing in leasing technology now providinglessor selection andmanagement services, includingthe securing of debt and equity and acquisition guidance services.
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Communications:Chassell, MI

Cartoons on business, finance & computers. Use for your presentations, website, newletter, direct

mail projects etc. Fees are negotiable. 
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John Kenny Receivables Management

• End of Lease Negotiations & Enforcement
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The Solution to Your Credit & Accounts Receivable Needs 
John Kenny
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Labrador Retriever/Australian Cattle Dog (Blue Heeler)
Shelton, Washington

(You can name him)
10 week old puppy

" His Momma was a Heeler/Lab mix, we are not sure about papa, but think he is mostly black lab. He is a mellow and loving little guy, that wants nothing more than to be your best buddy. Blackie's brothers and sisters are all gone so he's lonely here and is waiting patiently for his turn at a home. He has had two sets of shots, has been wormed several times and has had frontline applied. He will go home with a neuter guarantee. Blackie has been around children and loves them!!

Email or call us if you are interested in coming to meet Blackie. Emails are preferred:

Adopt-A-Pet, Shelton, WA

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News Briefs----


Georgia bank settles suit

Credit card debt hits all incomes -- big and small

Mobile device connections growing quickly

Kodak hopeful of moving out of bankruptcy in 2013

For 7th Year, Dunkin' Ranks No. 1 in Customer Loyalty



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SparkPeople--Live Healthier and Longer

Eating for a Healthy Heart




Winter Poem

An Old Man's Winter Night

    by Robert Frost

All out of doors looked darkly in at him
Through the thin frost, almost in separate stars,
That gathers on the pane in empty rooms.
What kept his eyes from giving back the gaze
Was the lamp tilted near them in his hand.
What kept him from remembering what it was
That brought him to that creaking room was age.
He stood with barrels round him -- at a loss.
And having scared the cellar under him
In clomping there, he scared it once again
In clomping off; -- and scared the outer night,
Which has its sounds, familiar, like the roar
Of trees and crack of branches, common things,
But nothing so like beating on a box.
A light he was to no one but himself
Where now he sat, concerned with he knew what,
A quiet light, and then not even that.
He consigned to the moon, such as she was,
So late-arising, to the broken moon
As better than the sun in any case
For such a charge, his snow upon the roof,
His icicles along the wall to keep;
And slept. The log that shifted with a jolt
Once in the stove, disturbed him and he shifted,
And eased his heavy breathing, but still slept.
One aged man -- one man -- can't keep a house,
A farm, a countryside, or if he can,
It's thus he does it of a winter night.





Sports Briefs----

Tom Brady gets 3-year extension

49ers still shopping Smith



California Nuts Briefs---

What’s Average? Not the rainfall


“Gimme that Wine”

Facebook steps into the wine business

Robert Parker Jr., a first

Australia’s Best Reds Are Slow to Arrive

Oregon, Washington wine industries stand to benefit from cooperative ventures, CEO says

Brooklyn Winery Uncorks New Chapter In Sandy Recovery

James Beard Foundation Announces 2013 Restaurant And Chef Semifinalists

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Winery Atlas\

Leasing News Wine & Spirits Page


This Day in History

  1732- Mass was celebrated for the first time at St Joseph's Church , in Philadelphia the only Roman Catholic church built and maintained in the American colonies before the Revolutionary War.
    1750-Population estimated the number of white inhabitants of all the colonies to be 1,165,000, and the blacks (who were mostly slaves) to be 260,000, distributed as follows: WHITE. BLACK. Massachusetts .. 207,000 3,000 New Hampshire .. 50,000 3,000 Connecticut .. 133,000 3,500 Rhode Island .. 35,000 4,500 New York .. 85,000 11,000 New Jersey .. 73,000 5,000 Pennsylvania and Delaware .. 195,000 11,000 Maryland .. 104,000 44,000 Virginia .. 168,000 116,000 North Carolina .. 70,000 20,000 South Carolina .. 40,000 40,000 Georgia .. 5,000 2,000 Since the English Revolution in 1688--a period of only sixty-six years--the growth of the colonies in population had been marvelous. New England had increased from 75,000 to 425,000; New York , from 20,000 to 85,000; New Jersey , Pennsylvania , Delaware and Maryland , from 47,000 to 372,000; Virginia , from 50,000 to 168,000; and the Carolinas and Georgia , from 8,000 to 135,000. The assertion of a letter of an "American Farmer" was almost literally true when he wrote: "We are all tillers of the earth from Nova Scotia to West Florida . We are a people of cultivation, scattered over an immense territory; communicating with each other by means of good roads and navigable rivers; united by the silken bands of mild government; all respecting the laws, without dreading their power because they are equitable."
    1829- Bavarian immigrant Levi Strauss was born this day in 1829. He created the world's first pair of jeans—Levi's 501 jeans—for California 's gold miners. They were made of sail canvas and rivets were used along with sail making thread. He dyed them blue to hide the marks from the riveting apparatus, plus to make them appear more attractive. The pants style is still popular today, but now in “designer” styles from full boot to slim leg and more.
    1846- George C. Stebbins, American Baptist music evangelist, birthday. A composer of over 1,500 songs during his lifetime, Stebbins is still remembered today for writing the melodies to such hymns as: "I've Found a Friend," "Take Time to Be Holy," "Have Thine Own Way, Lord" and "Jesus is Tenderly Calling Thee Home."
    1846- William F. “Buffalo Bill” Cody birthday at Scott County, Iowa. He claimed to have killed more than 4,000 buffaloes. Subject of many heroic Wild West yarns. Cody became successful as a showman taking his acts across the US and to Europe .
    1870- the first pneumatic subway invented by Alfred Ely Beach , known first as the Beacg Pneumatic Underground Railway, was opened to the public in New York City . It consisted of a circular tube nine feet in diameter and the cars, which were well upholstered, carried 222 person s each way. They were propelled by a rotary blower that drove a blast of air through the tunnel against the rear of the car, carrying it along “ like a sailboat before the wind.”
    1870 -- Wyatt Outlaw, black leader of Union League in North Carolina , is lynched. Wyatt Outlaw, the Negro police officer who had fired upon the Klansmen at their first appearance in the county, was head of the Union League, an anti-Ku Klux Group in the County. His death had been determined by certain members of one of the Klan orders. A party of them rode into Graham on the night of February 26, 1870, seized Outlaw in his home, and carried him to a tree in the courthouse square. There they hanged him, leaving on his breast the inscription: "Beware, ye guilty, both black and white.” Many blacks were killed by the Klan, and Black homes and property burned/destroyed for the next sixty-five years, into the late 1920's.
    1873--By the year the American bison, also called the buffalo, was almost extinct, even though at the start of the nine­teenth century estimates placed the North American bison population as high as 60,000,000. Bison were essential to the way of life of the Indians of the Great Plains , who depended on them for food, clothing, and shelter. The symbiotic relationship of the Indians and the bison threatened neither group. However, with the coming of the railroad, professional buffalo hunters, and the settlement of the West, the situation changed. Bison were slaughtered far beyond any' need for food or hides. Although in 1865 about 10,000,000 bison still roamed the plains, by 1890 only 1000 or so were left.
    1885-Birthday of 1858, Lavinia Lloyd Dock, nurse, settlement house worker, suffragist. LLD trained as a nurse at Bellevue Hospital, the first American school to follow Florence Nightingale's principles of patient care and nurse self-reliance. LLD nursed during a yellow fever epidemic in Jacksonville, FL, and at the Johnstown, PA flood. She wrote Materia Medical for Nurses (1890), the standard nursing text for a generation. Moved to the Henry Street Settlement house Lillian Wald had created, became a member of Wald's inner circle, and lived there for 20 years. She also wrote A History of Nursing (1907 with Adelaide Nutting which explored the glorious historical past of women's involvement in nursing, until men took over to bring "general contempt" to nurses and "misery" to patients, "until Florence Nightingale came to the rescue." She had to move out of the Henry Street Settlement because of her actions - including arrests - in connection with the radical American Woman's movement. 
    1887- Grover Cleveland “Pete” Alexander, Baseball Hall of Fame pitcher born at Elba, NE. Alexander won 373 games ( tied for 3rd on all time list) pitching for 20 years with the Philadelphia Phillies, Chicago Cubs and the St. Louis Cardinals. he won 30 or more games three times and won the National League earned run average title five times. In Game Seven of the 1926 World Series with St. Louis ahead, 3-2, he staggered in from the bullpen to strike out the New York Yankees' Tony Lazzeri with the bases loaded and held New York at bay for the last two innings. Ronald Reagan played Alexander in the moving, The Winning Team. Inducted into the Hal of Fame in 1938. Diet at St. Paul , NE , Nov 4.1950.
    1905-violinist/producer Bill Russell born, Canton , MO
    1907 - The United States Congress raised their pay to $7500, for both House and Senate members. The Cabinet members and the Vice President earned twelve thousand. At that time, the Vice President was paid enough to buy half a dozen houses. The richest man in the world, John D. Rockefeller's oil fortune was, at that time, worth no more than $300 million.
    1910 - Parts of Washington State were in the midst of a storm which produced 129 inches of snow at Laconia between the 24th and the 26th, a single storm record for the state. A series of storms, which began on the 23rd, led to a deadly avalanche on the first of March. By late on the 28th, the snow had changed to rain, setting the stage for disaster.
    1916- American musician, comedian and actor, Herbert John "Jackie" Gleason was born at Brooklyn , NY . Best known for his role as Ralph Kramden in the long-running television series "The Honeymooners." Died at Fort Lauderdale , FL , June 24, 1987.
    1917- first jazz record of history: Original Dixieland Jass Band cuts “Livery Stable Blues, “ One Step, “ NYC
    1919- Grand Canyon National Park was established, by an act of Congress, An immense gorge cut through the high plateaus of northwest Arizona by the raging Colorado River and covering 1,218,375 acres, Grand Canyon National Park is considered one of the most spectacular natural phenomena in the worlD. 
    1919 -the Lafayette National Park was established, later renamed in 1929, the Acadia National Park , the largest East of the Mississippi
    1921-Birthday of Betty Hutton, brash actor/singer best known for her role in the movie Annie Get Your Gun (1950). 
    1925 – Alto Sax player James Moody Birthday
    1926-First Black middle-weight boxing champion, Theodore "Georgia Deacon" Flowers. Also known as “Tiger” Flowers. He beats Harry Greb in New York , NY to win the title “ -Middleweight Championship of the World>”
    1929- Antoine (Fats) Domino birthday, the New Orleans r'n'b pianist who has sold more than 65-million records, was born in the Louisiana city. He is the biggest-selling '50s rock 'n' roll artist, with the exception of Elvis Presley. By the time he joined trumpeter Dave Bartholomew's band in the 1940's, he had already mastered the classic New Orleans piano style of such performers as Professor Longhair and Amos Milburn. In 1949, Fats Domino had his first million-seller, "The Fat Man." But it wasn't until 1955, with "Ain't That a Shame," that he attracted the white record- buying public. Domino eventually collected 23 gold singles, for such hits as "I'm In Love Again," "Blueberry Hill" and "I'm Walkin'."
    1930 - Seven years after Garrett A. Morgan invented traffic lights, the first red and green signal lights were installed on New York 's Manhattan street corners.
    1932- country singer Johnny Cash was born in Kingsdale , Arkansas . In 1954, Cash met guitar player Luther Perkins and bass player Marshall Grant. As Johnny Cash and the Tennessee Two, they sold a million copies of "I Walk the Line" on the Sun label in 1956. Cash signed with Columbia in 1958, and two years later drummer W.S. Holland was added to make the Tennessee Three. Cash's string of hits for Columbia have included "Ring of Fire," "A Boy Named Sue" and "Folsom Prison Blues." Johnny Cash's records have always been on the border of rock, and have often crossed over to the pop charts. The marching bass lines which characterize many of Cash's songs influenced the work of Waylon Jennings and others in the outlaw country movement of the 1970's. In 1994, Cash's career was revived with the release of "American Recordings," an album of just the singer and his guitar. It was embraced by everyone from traditional country fans to alternative rockers.
    1934 - Federal Communications Commission was created at the order of President Franklin D. Roosevelt, to oversee communication by radio, wire or cable. TV and satellite communication later became part of its charge.
    1935—Babe Ruth, Babe Ruth signed a three –year contract with the Boston Braves , after being released by the New York Yankees. He played in only 28 games before retiring in May.
    1936- Wallace “Buddy” Werner, skier born at Steamboat Springs, CO. Werner skied on three US Olympic teams and was the first American to break into the sport's top rank by winning important races in Europe . While filming a ski movie, he was overtaken by an avalanche that he attempted to outrace. Died at St. Moritz , Switzerland , April 13, 1964.
    1937- Canadian composer, arranger and vibraphonist Hagood Hardy was born in Angola , Indiana . He grew up in Oakville , Ontario and from 1957 to 1961, while studying at the University of Toronto , he had his own jazz group. From 1961 to '67, he performed in the US with such musicians as Gigi Gryce, Herbie Mann, Martin Denny and George Shearing. Hardy returned to Canada in the late '60s, becoming a leading composer of radio and TV jingles. In 1975, his single "The Homecoming," written three years earlier as a Salada Tea commercial, became an international hit. The song won Hardy Juno Awards as best composer and best instrumentalist, and Billboard magazine named him instrumentalist of the year. Hardy died of cancer in Hamilton on January 1st, 1997.
    1942 - The Academy Awards were presented, for movies that were shown in theatres during 1941. "How Green Was My Valley" won the award for Best Picture. The star of "Sergeant York", Gary Cooper, took home the Oscar for Best Actor and The Best Actress statue was presented to Joan Fontaine for her performance in "Suspicion". "How Green Was My Valley" garnered Oscars for Best Supporting Actor, Donald Crisp and Best Director, John Ford. Mary Astor was voted Best Supporting Actress for her role in "The Great Lie".
    1943-guitarist/harmonica player Bob “the Bear” Hite, born
Torrance , CA Died April 5, 1981. Canned Heat lead singer.
    1944- Sue Sophia Dauser, superintendent of the US Navy's Nurse Corp, was the first woman to receive the rank of Captain. On December 14, 1945, she became the first Navy nurse to receive the Distinguished Service Medal. 1942 - The Academy Awards were presented, for movies that were shown in theatres during 1941. "How Green Was My Valley" won the award for Best Picture. The star of "Sergeant York", Gary Cooper, took home the Oscar for Best Actor and The Best Actress statue was presented to Joan Fontaine for her performance in "Suspicion". "How Green Was My Valley" garnered Oscars for Best Supporting Actor, Donald Crisp and Best Director, John Ford. Mary Astor was voted Best Supporting Actress for her role in "The Great Lie".
    1945—Top Hits 
Accentuate the Positive - Bing Crosby & The Andrews Sisters 
I Dream of You - The Tommy Dorsey Orchestra (vocal: Freddy Stewart) 
Don't Fence Me In - Bing Crosby & The Andrews Sisters 
I'm Losing My Mind Over You - Al Dexter
    1945- Wood Herman cuts “Caldonia.”
    1947-harmonica player Paul Oscher born, Brooklyn , N
    1951 - James Jones' novel, ‘From Here to Eternity,' about military life in Hawaii just before the bombing of Pearl Harbor, was published in New York by Scribners.

    1951--INGMAN, EINAR H., JR. Medal of Honor
Rank and organization: Sergeant (then Cpl.), U.S. Army, Company E, 17th Infantry Regiment, 7th Infantry Division. Place and date: Near Maltari, Korea, 26 February 1951. Entered service at: Tomahawk, Wis. Born: 6 October 1929, Milwaukee, Wis. G.O. No.: 68, 2 August 1951. Citation: Sgt. Ingman, a member of Company E, distinguished himself by conspicuous gallantry and intrepidity above and beyond the call of duty in action against the enemy. The 2 leading squads of the assault platoon of his company, while attacking a strongly fortified ridge held by the enemy, were pinned down by withering fire and both squad leaders and several men were wounded. Cpl. Ingman assumed command, reorganized and combined the 2 squads, then moved from 1 position to another, designating fields of fire and giving advice and encouragement to the men. Locating an enemy machine gun position that was raking his men with devastating fire he charged it alone, threw a grenade into the position, and killed the remaining crew with rifle fire. Another enemy machine gun opened fire approximately 15 yards away and inflicted additional casualties to the group and stopped the attack. When Cpl. Ingman charged the second position he was hit by grenade fragments and a hail of fire which seriously wounded him about the face and neck and knocked him to the ground. With incredible courage and stamina, he arose instantly and, using only his rifle, killed the entire gun crew before falling unconscious from his wounds. As a result of the singular action by Cpl. Ingman the defense of the enemy was broken, his squad secured its objective, and more than 100 hostile troops abandoned their weapons and fled in disorganized retreat. Cpl. Ingman's indomitable courage, extraordinary heroism, and superb leadership reflect the highest credit on himself and are in keeping with the esteemed traditions of the infantry and the U.S. Army. 
    1953—Top Hits
Don't Let the Stars Get in Your Eyes - Perry Como
Till I Waltz Again with You - Teresa Brewer
Keep It a Secret - Jo Stafford
Kaw-Liga - Hank Williams
    1954 - Singer/songwriter Michael Bolton (Michael Bolotin) is born in New Haven, Conn.
    1955--R&B singer LaVern Baker appeals to the United States Congress in a letter to Michigan Representative Charles Digges Jr., to revise the Copyright Act of 1909. She says that recording artists should be protected against "note-for-note copying" of already recorded R&B tunes and arrangements by white artists and arrangers. Her request was denied. 
    1955-Billboard reports for the first time since their introduction in 1949, 45 rpm discs are outselling the old standard 78. Another change in the industry is also noted. On some New York City jukeboxes, it now costs ten cents instead of five cents to play a record. 
    1956--Buddy Holly's first recording session for Decca is held in Nashville.
    1957--Singer/guitar player Eddie Van Halen birthday, born Holland.
    1960-- David Jenkins of the US won the gold medal men's figure skiing at the VIIth Winter Olympics at Squaw Valley, Ca.
    1961 - No. 1 Billboard Pop Hit: ``Pony Time,'' Chubby Checker. A version of the song by the Goodtimers entered the chart the same week as Checker's version, but only reached No. 60.
    1961—Top Hits
Pony Time - Chubby Checker
There's a Moon Out Tonight - The Capris
Surrender - Elvis Presley
North to Alaska - Johnny Horton
    1962 - In New York City , the Best Play award winner of 1962, "Oh Dad, Poor Dad, Mama's Hung You in the Closet and I'm Feeling So Sad" opened for 454 performances.
    1965-Nineten year-old Jimmie Lee Jackson was killed by state troopers at a voting rights demonstration in Marion , Alabama . As a result, the Selma-to-Montgomery march was organized and took place a month later -- when Dr. King led 20,000 marchers 50 miles east from the Edmund Pettus Bridge in Selma , Alabama , to the state capitol in Montgomery . Five months later, President Johnson signed the Voting Rights Act, and by year's end, more than 250,000 new black voters were registered
1966-The Beatles' LP "Rubber Soul" rose to #1 on the Billboard Hot 200 chart, becoming the group's seventh US album chart topper. Paul McCartney conceived the album's title after overhearing someone's description of Mick Jagger's singing style as "plastic soul". To date, the album has sold over six million copies in America. 
    1967--YABES, MAXIMO Medal of Honor
Rank and organization: First Sergeant, U.S. Army, Company A, 4th Battalion, 9th Infantry, 25th Infantry Division. Place and date: Near Phu Hoa Dong, Republic of Vietnam, 26 February 1967. Entered service at: Eugene, Oreg. Born: 29 January 1932, Lodi, Calif. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. 1st Sgt. Yabes distinguished himself with Company A, which was providing security for a land clearing operation. Early in the morning the company suddenly came under intense automatic weapons and mortar fire followed by a battalion sized assault from 3 sides. Penetrating the defensive perimeter the enemy advanced on the company command post bunker. The command post received increasingly heavy fire and was in danger of being overwhelmed. When several enemy grenades landed within the command post, 1st Sgt. Yabes shouted a warning and used his body as a shield to protect others in the bunker. Although painfully wounded by numerous grenade fragments, and despite the vicious enemy fire on the bunker, he remained there to provide covering fire and enable the others in the command group to relocate. When the command group had reached a new position, 1st Sgt. Yabes moved through a withering hail of enemy fire to another bunker 50 meters away. There he secured a grenade launcher from a fallen comrade and fired point blank into the attacking Viet Cong stopping further penetration of the perimeter. Noting 2 wounded men helpless in the fire swept area, he moved them to a safer position where they could be given medical treatment. He resumed his accurate and effective fire killing several enemy soldiers and forcing others to withdraw from the vicinity of the command post. As the battle continued, he observed an enemy machinegun within the perimeter which threatened the whole position. On his own, he dashed across the exposed area, assaulted the machinegun, killed the crew, destroyed the weapon, and fell mortally wounded. 1st Sgt. Yabes' valiant and selfless actions saved the lives of many of his fellow soldiers and inspired his comrades to effectively repel the enemy assault. His indomitable fighting spirit, extraordinary courage and intrepidity at the cost of his life are in the highest military traditions and reflect great credit upon himself and the Armed Forces of his country.
    1969—Top Hits
Everyday People - Sly & The Family Stone
Build Me Up Buttercup - The Foundations
Can I Change My Mind - Tyrone Davis
Until My Dreams Come True - Jack Greene
    1969 -the "100 hour snowstorm" was in full swing across the Boston area and the rest of New England as well. By the time snow ended on the 28th, Boston recorded 26.3 inches of new snow. Pinkham Notch, New Hampshire was buried under and incredible 77 inches and Long Falls Dam, Maine reported 56 inches. Both Portsmouth, New Hampshire and Portland, Maine set new single storm snowfall records with 33.8 inches and 26.9 inches, respectively. Rockport, Massachusetts measured an impressive 39 inches.
     1972 - Harry Nilsson began week #2 at number one with "Without You"; a love song that spent four weeks at the top spot. 
    1972 -the "Buffalo Creek Disaster" occurred in the Buffalo Creek Hollow of Logan County in West Virginia. A coal slag dam on the middle fork of Buffalo Creek burst sending a 50 foot wall of water down a narrow valley killing 125 people and causing 51 million dollars damage. 3 days of rain atop 6 inches of snow cover prompted the dam break.
    1972--Joe Tex's funk record "I Gotcha" enters the Billboard Pop chart and begins its climb to #2. Much the success of the song is rumored to be Tex's slurred delivery of the line "Told you not to play with my affection," which caused many listeners to mistake the last word for one that rhymes with it. 
    1973-Football player and golfer, Marshall Faulk, born New Orleans, LA. 
1975 - No. 1 Billboard Pop Hit: ``Best of My Love,'' Eagles. The song is the group's first No. 1 hit.
    1977—Top Hits 
New Kid in Town - Eagles 
Love Theme from "A Star is Born" (Evergreen) - Barbra Streisand 
Fly like an Eagle - Steve Miller
Say You'll Stay Until Tomorrow - Tom Jones
    1979 - The sitcom, "Flatbush", first aired on CBS-TV, featuring the exploits of five, recent, high-school graduates living in a middle-class, Italian neighborhood in Brooklyn New York's Flatbush area. *(Joseph Cali/costar) Presto Prestopopulos, taxi driver and one of five street youths recently graduated from high school who lived in the middle-class Italian neighborhood of Flatbush (Brooklyn). Calling themselves the Flatbush Fungos, the gang also included Adrian Zmed as Socks Palmero, a clothing store employee; Sandy Helberg as Figgy Figueroa, a grocery deliveryman; Randy Stumpf as Joey Dee, a plumber's assistant; and Vincent Bufano as Turtle Romero, a restaurant worker. Also featured were Helen Verbit as Mrs. Fortunato, the neighborhood busybody; and Anthony Ponzini as Esposito, a pool hall owner. The ethnic stereotypes the show portrayed offended Brooklyn's Borough president, who demanded the series be taken off the air before it gave Brooklyn a bad name. In 1979, Brooklyn was known as the garden spot of the United States. CBS cancelled the show after 3 episodes.
      1983 - Charley Pride's "Why Baby Why", written by George Jones and Darrell Edwards, topped the country music charts. Jones found national fame in the United States with his own version of the song in 1955. 
    1983 - Michael Jackson's "Thriller" hit #1 in the U.S. The album spent a total of 37 weeks at number one. The tracks: "Wanna Be Startin' Somethin'", "Baby Be Mine", "The Girl is Mine" (w/Paul McCartney), "Thriller", "Beat It", "Billie Jean", "Human Nature", "P.Y.T. (Pretty Young Thing)", "The Lady in My Life". At last count (2001), "Thriller" was certified for sales of more than 26 million copies by the Recording Industry Association of America, and was in a tie with the Eagles' "Their Greatest Hits 1971-1974" as the best-selling album of all time. 
    1984 - The last United States Marines in the multinational peacekeeping force in Lebanon left Beirut.
    1985 - Tina Turner wins Grammys for ``What's Love Got to Do with It'' and ``Better Be Good to Me.''
    1985—Top Hits 
Careless Whisper - Wham! featuring George Michael 
Loverboy - Billy Ocean 
Can't Fight This Feeling - REO Speedwagon 
Baby's Got Her Blue Jeans On - Mel McDaniel 
    1985 - Tonight was the night of the seventh highest-rated television music show of the 1980s, when a 23.8 share of the viewers watched "The Grammy Awards". The Best Pop Vocal Performance by a Male award was given to Phil Collins for, "Against All Odds (Take a Look at Me Now)"; Best New Artist for 1984 went to Cindi Lauper, and Best Album of the year award went to Lionel Richie for "Can't Slow Down". Tina Turner was a big winner, taking Best Song, Best Record and Best Pop Vocal Performance by a Female for "What's Love Got to Do with It". 
    1986- Robert Penn Warren, the first official poet laureate of the United ,was named by the librarian of Congress, and great historian, Daniel J. Boorstin. Warren was born in Guthrie, KY, in 1905 and won three Pulitzer Prizes, two for volumes of Poetry, and one for his 1946 novel, All the King's Men. 
    1987-The Tower Commission report on the Iran-Contra affair was critical of Pres. Reagan for failing to understand or control the secret attempt to trade arms to Iran for the release of American hostages being held in Lebanon and divert profits from the sale to the Nicaraguan Contras. The commission appointed by the President in Nov. 1986, said Reagan must take responsibility for the policy, which ended in “chaos” and caused the U.S. much embarrassment abroad. Blame was placed also on Donald T. Regan, the White House chief of staff, whom the president replaced with former Senator Howard H. Baker, Jr., on February 27. It also faulted former National Security Advisor Robert McFarlane & his successor Admiral John Poindexter, and CIA Director William Casey. Casey had resigned on 2 February for health reasons; McFarlane attempted suicide on 9 February; and Regan resigned 27 February. In a television address on March 4, the president said he too “ full responsibility, “ but he did not admitting that the plan for dealing with Iran was basically wrong. 
    1988 - Eight cities in the central and western U.S. reported new record high temperatures for the date, including Lamoni IA with a reading of 67 degrees. Temperatures in North Dakota were as warm as those in Florida. 
    1989 - An upper level weather disturbance brought snow to parts of the central U.S. which just one day earlier were enjoying temperatures in the 60s. Snowfall totals in Missouri ranged up to nine inches at Rolla. 
    1990 - Unseasonably cold weather followed in the wake of the winter storm in the northeastern U.S. Ten cities reported record low temperatures for the date, including Syracuse NY with a reading of 10 degrees below zero. Freezing temperatures in southeastern Virginia caused considerable damage to plants and fruit trees. The barometric pressure reading of 30.88 inches at Wilmington NC was February record for that location.
    1991 - "Rockline on MTV" premiered with host, Martha Quinn, giving viewers a chance to talk to the stars. The first guest was MC Hammer. 
    1991- Tim Berners-Lee introduces the Web browser: 
Tim Berners-Lee presented an early version of a Web browser to a work group at CERN, the European Particle Physics Laboratory in Geneva, Switzerland, on this day in 1991. He conceived the Web as a way for physicists at different universities around the world to instantaneously share information. Throughout the next year, he modified the architecture, released early Web browsers on the Internet, and solicited feedback and input from Internet programmers. By late 1991 and early 1992, the Web was widely discussed, and in early 1993, when Marc Andreessen released his Mosaic browser (Netscape's precursor), the Web rapidly became a popular communications medium. 
    1993-World Trade Center Bombing: A 1,210-lb bomb packed in a van exploded in the underground parking garage of the World Trade Center in New York City, killing six people and injuring more than 1,000 (mostly from smoke inhalation). The powerful blast left a crater 200 feet wide and several stories deep. The cost for damage to the building and disruption of business for the 350 companies with offices in the Center exceeded more than $591 million. Fifteen people--the fundamentalist Moslem cleric Sheik Omar Abdul Rahman and fourteen of his followers--were indicted for the bombing. Rahman was given a life sentence and the others received prison terms of up to 240 years each. This is considered the first bombing of the United States by foreign terrorists. 
    1997- Celine Dion won two Grammy Awards for "Falling Into You" - album of the year and best pop album. At the time, "Falling Into You" had sold more than 21 million copies worldwide.
    2009-A 10-minute version of The Beatles' "Revolution 1" leaked onto the internet, giving fans a never-before-heard listen of what the White Album sessions must have been like. Only two copies of the take were made when the song was completed on June 4th, 1968. One copy left the studio with Lennon that day and the other remained behind. It is unclear which copy appears on the bootleg, nor how anyone acquired it.



The object is to insert the numbers in the boxes to satisfy only one condition: each row, column and 3x3 box must contain the digits 1 through 9 exactly once. What could be simpler?



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