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Equipment Leasing Account Executive

What sets CoreTech apart from other equipment leasing companies is our team members and impeccable reputation. Are you unhappy with the ethics of your company and the promises made to you? Come to Newport Beach and join us.

To learn more, please click here
CoreTech specializes in medium to
large size companies and firms

Over 100 law firms trust CoreTech for their leasing needs, why wouldn't you?

Thursday, February 22, 2018

Today's Equipment Leasing Headlines

States Take on High Interest Loans After
  CFPB Refuses to Do So and Achieves Win
    By Tom McCurnin, Leasing News Legal Editor
New Hires/Promotions in the Leasing Business
    and Related Industries
“If it’s such a hot job market,
   why is it so tough to get an interview?”
     Recruiter Hal T. Horowitz Speaks Out
Leasing Industry Ads---Help Wanted
   Improve Your Career
CLFP Academy for Lease & Finance Professionals
  Not Many Spaces Left except Mass. Has 12
Leasing News Advisor
   Jeff Schubert
Twelve Attorneys Against Evergreen Abuse
Norway Winning the Most Gold in 2018 Olympics
   and with Highest Democracy Score
Black Panther/Early Man
Dunkirk/Brawl in Cell Block 99/The Hero
   Film/Digital Reviews by Leasing News' Fernando Croce
   Indianapolis, Indiana  Adopt a Dog
Jim Gibbons with his Three Dogs
  Out for a Stroll
News Briefs---
India arrests 11 suspects in $1.8 billion bank fraud case
Nirav &  family fled India weeks before the criminal case registered
Fed Officials Say Economy Is Ready for Higher Rates
  might eventually raise rates to a level higher
   than financial markets presently anticipate
Toys “R” Us Plans to Close Another 200 Stores
  sharply cut corporate staff
Freeze turns Calif. almond orchards into fields of icicles,
     threatens $5 billion industry
JPMorgan Chase to replace its HQ with a 70-story skyscraper
   to create 8,000 construction jobs. take five years to build

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States Take on High Interest Loans After
CFPB Refuses to Do So and Achieves Win

By Tom McCurnin
Leasing News Legal Editor

In the Wake of CFPB’s Decision Not to Prosecute Tribal Lenders,
State of Pennsylvania Gets Big Win Against Tribal Payday Lenders,
But Loses on Rent-a-Bank Allegations

State of Pennsylvania v Think Finance 14 cv-7139 (E.D. Penn. 2017)

Last month, I reported that the Consumer Finance Protection Board (CFPB) had reversed course.  Previously, the CFPB seemed eager to regulate high interest payday lenders but, with the new President, came a new CFPB director, who, within weeks of taking office, dismissed the suit against tribal lenders. 

I predicted that in this regulatory vacuum, states would take up the function of regulating high interest payday lenders. Little did I know that my prediction would come to fruition so quickly. Two bills introduced in California, one to cap interest rates on all consumer loans and another to require interest rate disclosures in commercial loans, MCA, even capital leases. 

On February 5, 2018, Pennsylvania Attorney General Josh Shapiro announced that Pennsylvania would continue to prosecute tribal lenders. As part of his announcement, Mr. Shapiro stated: “It’s my job to enforce Pennsylvania’s consumer protection laws and protect consumers from these kinds of schemes. They sought to do an end-run around our laws – and we sued to stop them.” The facts follow.

The scheme was complex. Think Finance partnered with Chippewa Cree Tribe of Rocky Boy Montana, the Otoe-Missouria Tribe of Indians in Oklahoma, and the Tunica-Biloxi Tribe of Louisiana and a Cayman Island company to make and service payday loans. The Tribes marketed and originated loans over the internet to consumers that included residents of Pennsylvania. And if you think this is some local Indians, the tribes were represented by a top national law firm, Pepper Hamilton. This is big business. The loan agreements had truth in lending disclosures, arbitration clauses, and other sophisticated terms. 

The loans were later assigned to various entities, none of which were domiciled in Pennsylvania. The defendants moved to dismiss for lack of jurisdiction over them.

The issue for the court was very simple: notwithstanding the lack of personal jurisdiction, could the Attorney General sue the holders and servicers of the obligations where Pennsylvania residents were the aggrieved borrowers? The court ruled the Attorney General could, based on the concept of specific jurisdiction where out of state companies direct activities at the forum state. 

The AG somehow got a hold of internal emails of the defendants that discuss ways to circumvent jurisdiction in Pennsylvania and other states using the rent-a-tribe business model. The court ruled that “This level of engagement takes the movants from passive investors to collaborators in a scheme that targeted Pennsylvania residents.” The lenders were ordered to answer the complaint relative to the rent-a-tribe allegations. 

In contrast to the tribal lending allegation, the court could find nothing wrong using bank charters to make payday loans, since the defendants merely purchased the loans via participation or assignment.  That aspect of the case was dismissed. 

Given this victory for the State of Pennsylvania, what are the takeaways here?

First, As I predicted, states will regulate lending when the Federal Government shirks that responsibility. Lending needs some minimum regulation and, if the Federal Government won’t do it, the states will.

Second, tribal lending will be largely discontinued within a few years. The financial backers of this business model can ill-afford more legal entanglements and bad legal precedent. Given the many states with no usury cap and fairly easy licensing laws (California for one), it is probably easier to get licensed and make 50% interest. 

• Third, this is another victory for bank-assisted lending. I’ve previously reported that lenders receiving assignments from national banks are safe in California, due to a district court decision.  While this decision is not exactly the Good Housekeeping Seal of Approval, the Court refused to strike down that practice. 

• Fourth, why is a federal regulation of lending a bad thing?  One of the things national banks have learned is that once the Federal Government regulates an industry, other regulations are preempted by the Federal Regulations. If I were a payday lender, I would welcome Federal regulation for the reason that it would prevent a patchwork of regulations by a multitude of states. 

The bottom line to this case is yet another defeat for tribal lending and at least a tacit approval of bank assisted lending via assignment. This nonsense will continue until the CFPB starts doing its job and installs some modest regulation of this industry. 

Pennsylvania v Tribes Case

Pennsylvania v Tribes Exhibit Loan Agreement

Pennsylvania v Tribes Exhibit 01Pepper

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

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:

Previous Tom McCurnin Articles:




New Hires/Promotions in the Leasing Business
and Related Industries

Lee Bergeron was re-named President, Taunton Commercial Capital, Newtown Borough, Connecticut. He was appointed to the Advisory Board, January, 2017.  Prior, he was VP Sales, United Leasing and Finance (January, 2017 - October, 2017); President, Taunton Commercial Credit (February, 2016 - January, 2017); Member, Board of Directors, Performance Advantage Consulting (2015 - January, 2017); President, Leasing Division/Corporate Vice President Financial Services, MailFinance, an Affiliate Company of Neopost USA, Inc. (2010 - 2015); Co-Founder/President, Performance Advantage Consulting (2009 - 2010). He began his career at GE Commercial Equipment Finance, 1997, Vice President/Senior Account Executive; promoted 2001, Senior Vice President/Region Sales Manager; promoted, 2006, Managing Director GE Federal Finance; promoted 2007, President/General Manger, GE Capital/GE Government Finance. Inc.  Education: Texas Christian University, BBA, Marketing (1980 - 1984). Activities and Societies: Lambda Chi Alpha Fraternity.

Rachel Bowles was hired as Business Analyst, LeaseQuery, Atlanta Georgia. Previously, she was at Ernst & Young, starting in June, 2015, as Business Intelligence Analyst; promoted July, 2017, Senior Consultant. Prior, she was IT Project Management Intern, NCR Corporation (June, 2014 - August, 2014). Community Service:, Mentor, Cross Trainers (August, 2014 - May, 2014);. Tutor Whatever It Takes (August, 2012 - June, 2013).  Education: The University of Georgia, Bachelor of Business Administration (B.B.A.), Management Information Systems, General (2011 - 2015).

Nate Carter was promoted to Senior Account Manager, DLL, Wayne, Pennsylvania.  He joined the firm October, 2004, as Director, Global Strategic Marketing; promoted May, 2011, Director, Program Management. Prior, he was International Channel Marketing Coordinator, Primavera Systems, Inc (September, 2002 - October, 2004); Product Manager, Unisys Corporation (1996 - 2002). Education: Cabrini University, Bachelor of Arts, English/Communications (1992 - 1996).

Jeff Deskins was hired as VP, Business Development, FactOne Capital, Austin, Texas.  Previously, he was Business Development Advisor, JTK Enterprises (November, 2013 - January, 2018); VP,  Business Development, OneWorld Business Finance (January, 2014 - January, 2018); Credit Manager, TEAM Funding Solutions (March, 2010 - October, 2013); Credit Manager and Senior Underwriter, OneSource Financial Corp. (December, 1998 - February, 2010); Manager, Copy Operations, Monarch Business Equipment, Inc. (March, 1994 - November, 1998); Customer Support Supervisor, HBS Business systems, Inc. (December, 1992 - March, 1994). Education:  Texas A&M University, BBA Finance.

Michael Dubowec was promoted, effective March 1, 2018, to President and CEO National Leasing, a CWB Financial Group Company, Winnipeg, Canada. "This followed the retirement of Tom Pundyk, National Leasing’s current president and CEO, who will stay on with the company as an advisor until October 31."  Dubowec joined the firm October, 1989, and previously positon was Executive Vice President. Prior, he was SVP, Equipment Finance, Canadian Western Bank (January, 2016 - July, 2016) a CWB Financial Group company; Chief Operating Officer & Executive Vice President, National Leasing (November, 2012 - January, 2016); Senior Vice President Sales and Marketing, National Leasing (1989 - November, 2012); Sales and Human Resource Manager, Hudson's Bay Company (1986 - 1989). Education: University of Manitoba Asper School of Business, Management (Honors), General Management and Marketing (1982 - 1986).  Grant Park High School (1978 - 1982).

Eileen Giovanazi was named Senior Credit Officer/Senior Vice President, Bridge Funding Group Inc., a BankUnited Company, Baltimore, Maryland. She joined the firm December, 2014, as Credit Officer. Prior, she was Vice President, Credit Portfolio Manager, SunTrust Bank (January, 2011 - December, 2014); Certified Personal Trainer, NSPA/running Coach (2007 - 2011); Director, Success Business Services (2004 - 2006); Vice President, Business Relationship Manager, Provident Bank of Maryland (March, 1998 - August, 1999).

Dominic Knight was hired as Sales Manager, Balboa Capital, Costa Mesa, California. He previously was Senior Finance & Sales Manager, Beacon Funding (May, 2017 - December, 2017); Lending Solutions Manager, Direct Capital Corporation (January, 2016 - May, 2017); Director of Mortgage Brokers, Lenderful/MadDog Technology (December, 2013 - January, 2016); Director of Alumni Relations, Orchid Lake St. Mary's Preparatory (January, 2014 - December, 2015); Senior Mortgage Broker, Capital Mortgage Funding (August, 2012 - December, 2013); Key Account Manager, Fathead (January, 2012 - August, 2012); Mortgage Banker, Quicken Loans (November, 2012 - August, 2012); Asset Management Project Manager, Asset Management Resources (May, 2007 - November, 2010). Education: Robert Morris University, Chicago.  Bachelor of Arts (B.A.), Business Administration and Management. General. Cum Laude.  Orchard Lake St Mary's Preparatory (2002 - 2006).

Jill McKean was hired as President, BOK Financial Equipment Finance, Inc., Dallas/Fort Worth Area. "Responsible for the relationship management and business development of new equipment financing in the BOK Financial eight state footprint (Texas, Oklahoma, Arkansas, Kansas, Missouri, Colorado, New Mexico, and Arizona)." Previously, she was Vice President, Frost Bank (November, 2012 - February, 2018).  She joined GE Capital Solutions, March, 2002 as a Sales Representative, working her way up to Vice- President, Senior Redeployment Sales Representative; promoted, May, 2011 as Vice President, Sales Representative of Corporate Finance. She began her career as Vice President, CitiCapital (June, 2000 - March, 2006).  Community Service, Volunteer: Vice President of Projects and Foundation Trustee, Kiwanis International (July, 2008 - Present).   Board Member, Women's Former Student Network, Texas A&M University (January, 2009 - January, 2011).  Education:  Texas Christian University, M.J. Neeley School of Business.  MBA, Emphasis in Management and International Business (2006 - 2008). Activities and Societies: National Association of Women MBA's; Studied abroad to Germany, Italy, and China.  Texas A&M University, B.S., Kinesiology with a Specialization in Sport Management (1996 - 2000). Activities and Societies: Sport Management Society, Fellowship of Christian Athletes, Aggie Alliance, Coached Varsity Girls' Basketball Team at Brazos Christian School; Intern for the United States Olympic Committee (2000); Received distinguished State Award (Spring, 1997, Fall, 1998, Spring, 2000); Nominated for Outstanding Junior Award; Received the 1999 "Reaching Higher Award," College of Education.

Bruce Moffat was hired as Managing Director, Pivotal Capital Corp., Ontario, Canada.  Previously, he was Vice President, Sales, Canada, ECN Capital (March, 2010 - January, 2018); Account Executive, Travelers Financial (September, 2009 - March, 2010); Business Development Manager, Alter Moneta Corporation (May, 2008 - August, 2009). Account Executive, CIT Financial LTD. (1996 - 2008).

Keith Nason was promoted to CEO of In Advance Capital, New York, New York. He joined the firm February, 2017. Previously, he was Director of Underwriting, Merchants Capital Access (August, 2015 - February, 2017); Credit Risk Analyst, Biz2Credit (March, 2015 - August, 2015); Lead Associate, Bank of America (November, 2013 - April, 2015); Senior Credit Analyst, Bank of America (July, 2009 - November, 2013).  Education: Walden University, Master of Business Administration (M.B.A.), Corporate Finance (2013 - 2015). Husson University, Bachelor's degree, Finance and Financial Management Services (2004 - 2008).

Brian O'Meara was as Senior Business Development Manager, Navitas Credit Corporation, Mount Laurel, New Jersey. He began his career at Marlin Business Services as Business Development Manager, March, 2012; promoted 2014 to Senior Business Development Manager.  His first year he booked $400,000 of New Booked Volume, 2013 Over $900,000 New Book Volume (Top 5 in company, Admirals Club Winner); 2015, over $1.2 Million of New Booked Volume, 2nd overall in the company, Admirals Club Winner; 2015, Over $600K of New Booked Volume.  Education: La Salle University. Bachelor of Science (BS), Business Administration and Management, General (2002 -2007).

Mike Ross was hired as Sales Vice President, Mitsubishi UFJ Lease & Finance (USA), Inc.  Previously, he was Vice President, First Financial Corporate Services, Inc. (April, 2010 - January, 2018); Senior Vice President, Relational Technology Solutions (July, 2002 - March, 2010); Executive Vice President, Comdisco (1990 - 2002).  Education: Ball State University, Miller College

Jordan Stowe was promoted to Senior Account Manager, CG Commercial Finance, Atlanta, Georgia. He joined the firm February, 2017, as Account Manager. Prior, he was at World Business Lenders, LLC, starting May, 2105 as Finance Specialist; promoted, January, 2016, Wholesale Account Executive/Senior Specialist. District Director, Beast Brands, Inc (December, 2013 - May, 2015); General Manager, Which Wich? Superior Sandwiches (December, 2012 - December, 2013).  Education: the University of Georgia, Communications and Media Students. (2008 - 2012). Activities and Societies: University of Georgia Football Team Member: Summer, 2008, through Spring, 2010. Volunteer for SafeRide America. Dean's List for Summer term, 2008. Parkview High School. Diploma (2005 - 2008). Activities and Societies: Varsity Soccer, Varsity Football, JV Golf.

Phillip Turner was promoted to EVP, Head of Originations at Key Equipment Finance, Superior, Colorado.  He joined the firm March, 2009, as EVP, Group Credit Executive; promoted May, 2015, EVP Senior Group Credit Executive, Community Banking Commercial Credit. Prior, he was Director, Credit, CIT (April, 2007 - October, 2008). He began his career in 1987 at Barclays in Various Roles and Locations; promoted 2000 to  Associate Director, Credit Risk; promoted, April, 2003, Director/Co-Head of Corporate Credit. Education: Heriot-Watt University, MBA, Financial Risk Management (2000 - 2002); University of Cambridge, Senior Management Development Course (1995). Wolfson College.  Chartered Institute of Bankers, ACIB, UK Professional Banking Qualification (1987 - 1989).  Ralph Thoresby High School (1986).




“If it’s such a hot job market,
why is it so tough to get an interview?”

Recruiter Hal T. Horowitz Speaks Out

According to a special job market report in Fortune (February 2018), Inuit is afraid of losing good people to other opportunities. So instead of inviting them back for second interviews, they’re using teams of employees who “have proven themselves sharp judges of talent” to put candidates through a full day of interviews and tests. Then the team convenes and decides; frequently making same-day offers.

Intuit is neither unique nor first in doing this. Two of my searches in the last quarter resulted in offers, one within two weeks of the assignment, the other, within three days. The normal job interview in 2017 process, according to a recent Time statistic, was 30 days. 

What I derive from this is that while it’s a candidate’s market for now, if favors those who stand out as top talent, are in the mix at the onset and who are decisive. In other words, it’s only a candidate’s market for candidates who market themselves.

You have control over how you brand yourself. You have an eye-catching résumé and you’re prepared for interviews, confident in your presentation skills. When faced with a career altering opportunity, you recognize it for what it is and grab at it. That just leaves being there for the start of the action.

Obviously, there’s no way to know which door will open next and you certainly cannot be expected to stand around waiting for them to open by themselves. You need to be an active participant in making that happen. Like sales, jobs don’t just happen. Winning deals don’t just happen. Nothing in the business or financial worlds just happen. 

If you are in sales, you know getting your bid in first is no assurance you will win the contract. But you also know that getting it in first will likely get it read. That same applies to your résumé. Your bid is to a contract what your résumé is to your job search. 

I’ve put together a list of a few ways to get your résumé into the mix as early as possible.

  • Go to network mixers and gatherings where you can meet professionals in your field or who can be significant centers of influence. Engage those with whom you can communicate comfortably and potentially outside the confines of the network environment. Ask about their companies’ growth and let them know you would appreciate hearing about new opportunities should they learn of any. 
  • Identify companies you would like to work for. Check the “Careers” page on their Websites for new listings. These are usually posted after an exhausted review of internal candidates and referrals. Reach out to relevant employees and key HR and talent acquisition staff whom you might know in there, either personally or through LinkedIn, Facebook page or other personal or social media sources, and let them know you’d like to hear about new openings.
  • Select a recruiter to work with who is well connected in your field but who is not a vendor of your current employer, and ask him/her to discretely put feelers out for you. (You may hear from other recruiters about opportunities, but make sure they are new and the recruiter you are already working with hasn’t been engaged in discussions with that firm. 
  • Keep your name out there. Write guest columns for blogs, sit on discussion panels for your industry. Contribute to relevant social media discussions. 
  • And always be prepared to answer two questions without hesitation. “What are you looking for?”  And, “Why do you want to leave where you are?”  If you aren’t clear on what you want, then you might not be viewed as decisive or focused. And your response to why you want to leave (or have already left) your last position should always be about you, your needs and your goals, and never, even in confidential conversation, about your current or prior employer or your dissatisfaction with either the company or your boss.

You control how you brand and present yourself, but you cannot control how others will respond to your brand or presentation. The more you stay in front of others, the greater the likelihood of your being at the forefront of their minds when opportunities first present themselves. All you need is one person to say, “Oh!  I know someone we should talk to for that job.”

Hal T. Horowitz
Financial Pro Solutions
Executive recruitment serving financial professionals
Career coaching & professional résumé writing services & interview preparation
Phone: 818-347-FINA (347-3462)
Cell: 818-730-0645
Twitter:  @finapros

Recruiter Hal T. Horwitz Speaks Out



Top Reputable Company Seeking
Equipment Leasing Account Executive

Equipment Leasing Account Executive

What sets CoreTech apart from other equipment leasing companies is our team members and impeccable reputation. Are you unhappy with the ethics of your company and the promises made to you? Come to Newport Beach and join us.

To learn more, please click here
CoreTech specializes in medium to
large size companies and firms

Over 100 law firms trust CoreTech for their leasing needs, why wouldn't you?



CLFP Academy for Lease & Finance Professionals
Not Many Spaces Left except Mass. Has 12

The Certified Lease & Finance Professional (CLFP) Foundation has scheduled the first three Academies for Lease & Finance Professionals (ALFP) for 2018. Last year, the CLFP Foundation partnered with twelve different equipment finance companies to organize eight different Academies. Of the 133 CLFPs that were added to the membership last year, 102 attended an Academy.

 The class is a three-day event designed to fully prepare an individual to sit for the CLFP exam assuming that the candidate has read and studied The Certified Lease & Finance Professionals’ Handbook prior to attending the class.  During the first two days, all of the required sections of the CLFP exam are covered in-depth and on the third day, the exam is offered, but not mandatory.

The CLFP designation identifies an individual as a knowledgeable professional to employers, clients, customers, and peers in the equipment finance industry. There are currently 521 Certified Lease & Finance Professionals and Associates throughout the world.

Start: Thu, April 12, 2018
8:00 AM (PDT)
End: Sat, April 14, 2018
4:00 PM (PDT)
Location: Hosted by LeaseQ
Class Location: 1
Burlington Wood Drive
(First Flor of Bldg.);
Burlington, MA
Spaces Left: 12
Registered: 8 registrants

Southern California
Start: Thu, May 03, 2018
8:00 AM (PDT)
End: Sat, May 05, 2018
4:00 PM (PDT)
Location: Hosted by First Foundation Bank. Class Location: 18101 Von Karman Ave.; Irvine, CA
Spaces left: 2
Registered: 18 Registrants

Overland Park, Kansas
Start: Thu, May 17, 2018
8:00 AM (CDT)
End: Sat, May 19, 2018
4:00 PM (CDT)
Location: Hosted by Arvest Equipment Finance. Class Location: Arvest Bank Training Room, 7401 W. 135th Street, Overland Park, KS 66223
Spaces left: 0
Registered: 21 registrants

Cincinnati, Ohio
Start: Thu, August 16, 2018 
8:00 AM (PDT)
End: Sat, August 18, 2018
4:00 PM (PDT)
Location: Hosted by Great American Insurance. Class Location: Great American Insurance, Queen City Square, 301 E. 4th Street, 23rd Floor, Cincinnati, OH 45202. Guests will check-in at lobby security for access to the 23rd floor.
Spaces left: 4
Registered: 21 registrants

For more information, call Executive Director Reid Raykovich, CLFP at (206) 535-6281 or visit or to register for an Academy, visit:  Registration to each event is limited.





Leasing News Advisor
Jeff Schubert

Jeff Schubert
4500 East West Highway
Bethesda, MD 20814
Direct Line: 770-714-9000
Office: 240-203-9224
Fax: 240-514-5811

Jeff Schubert is the Director of Strategic Partnerships for RapidAdvance, responsible for spearheading their business development efforts in the equipment leasing industry and asset based lending channel. He has been active in the equipment leasing industry for over 30 years, starting by helping to launch Eastman Kodak Credit Corporation in 1986. He later held business development and management positions with CitiCapital, Lease Plan USA, American Equipment Leasing, Element Financial Corp. and Engs Commercial Finance. Jeff also ran his own equipment leasing company, American Bank Leasing, for over 10 years.

Jeff joined RapidAdvance in 2015 and spends the majority of his time working with equipment leasing companies and brokers to provide them with a full range of working capital products for their customers from $10k to $1MM. RapidAdvance is a proud member of the Rockbridge family of companies, which includes Quicken Loans, Fat Head and the Cleveland Cavaliers. The company is also a Gold sponsor of the National Association of Equipment Leasing Brokers and the National Equipment Finance Association.

Jeff lives in Bradenton, Florida with his wife of over 34 years, Charlene. He is an avid reader and history buff and enjoys hiking, scuba diving, sailing and camping.



Twelve Attorneys Against Evergreen Abuse

The original intention of the Evergreen clause in an equipment leasing contract was to have an alternative to when the lessee did not exercise the residual at the end of the contract. Often the clause calls for an automatic additional twelve months when the residual is not resolved.

In most cases, the lessor notifies the lessee that the residual will be due, often ninety days in advance. However, often there is nothing in the contract that requires the lessor to notify the lessee regarding the expiration of the contract.

Contrarily, many small ticket lessors do not notify the lessee, and automatically continue the lease, often via an ACH or continued billing, which often goes unnoticed until many payments have already been made.

Leasing News would like to see an industry standard that lessees are notified in advance of the expiration of their contract regarding its termination. We support the clause, and the notification requirement is wide open, meaning 90, 60, even 30 days and by telephone or mail.

This list of attorneys agrees with this and will be available to lessees, sometimes able to help them without a fee, or at a reduced rate, in an effort to end the abuse of Evergreen clause leases.

Joseph G. Bonanno, Esq., CLFP
Attorney at Law, Massachusetts
Andover Landing at Brickstone
300 Brickstone Square, Ste. 201
Andover, MA 01810
Tel: (781)328-1010
Fax: (781) 827-0866
"Industry expert witness in litigation, numerous authored and
co-authored published articles and conducting educational
seminars. Very well-known in the industry."

Jim Coston
Coston & Coston LLC
105 W. Adams Street
Suite 1400
Chicago, Illinois 60603
(312) 205-1010
(In 1998, he was elected to the United Association of Equipment
Leasing Board of Directors, and in 2003-04 was the first
attorney to become UAEL President, very active in his political party.)

Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
(636) 537-4645 x108
(636) 537-2599 (fax)
(Proven Leasing Litigator, well respected by all sides)

Ronald P. Gossett
Gossett & Gossett, P.A.
400 Seridan Street, Building I
Hollywood, Florida
Fax: 954-983-2850
(Many cases including NorVergence, Brican, among others, a winner)

Ken Greene
Law Offices of Kenneth Charles Greene
5743 Corsa Avenue Suite 208
Westlake Village, California 91362
Tel: 818.575.9095
Fax: 805.435.7464
Skype: 424.235.1658
(Ken was involved in the formation of Leasing News and
represented it (pro bono) in the early days.)

Peter S. Hemar, Esq.
Hemar & Associates, Attorneys at Law
2001 Wilshire Blvd., Suite 510
Santa Monica, CA 90403
Telephone: (310) 829-1948
Fax: (310) 829-1352
(My firm supports the clause giving lessees advance 
notice of the expiration of their contract.)

Brandon J. Mark
Attorney at Law, Admitted in Utah and Oregon
Parsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Direct Dial 801.536.6958
Facsimile 801.536.6111
(His firm represents banks who buy leases, and his
clients refuse to buy these types of leases.)

Barry S. Marks
Financial Center - Suite 1615
505 North 20th Street
Birmingham, Alabama 35203
P. O. Box 11386
Birmingham, Alabama 35202
fax 278.8905 (Direct) 251.8305 (Main)
(Well-known to the leasing industry, also Alabama Poet)

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ste. 2200
Los Angeles, CA 90071
Voice: (213) 617-6129
Fax: (213) 625-1832
Cell: (213) 268-8291
(Leasing News Advisor/Leasing News Legal Editor,
Well-Known top Leasing Litigator)

Frank Peretore
Chiesa Shahinian & Giantomasi
West Orange, New Jersey 
Phone 973-530-2058
(Experienced leasing attorney, aggressive, author, active
National Equipment Finance Association, ELFA, too)

Kevin E. Trabaris, Partner
Culhane Meadows PLLC
30 S. Wacker Drive, 22nd floor
Chicago, IL  60606
Telephone:  847-840-4687
"In my career, I’ve repeatedly seen this provision misused
by unscrupulous lessors and think it’s a bad idea for both
the lessee and the lessor."

Michael J. Witt, Esq.
4342 Oakwood Lane
West Des Moines, IA 50265
Tel: (515) 657-8706
Mobile: (515) 868-1067
Fax: (515) 223-2352
(Former Advanta Leasing
and Wells Fargo Equipment Finance attorney)


Norway Winning the Most Gold in 2018 Olympics
and with Highest Democracy Score




Fernando's View
By Fernando F. Croce

Thrilling Marvel action (“Black Panther”) and claymation drollery (“Early Man”) come to theaters, while DVD releases offer an ambitious blockbuster (“Dunkirk”), a harrowing thriller (“Brawl on Cell Block 99”), and a master’s rediscovered classic (“The Hero”).

In theaters:

Black Panther (Walt Disney Studios): The Marvel cinematic universe continues to expand in the phenomenally successful franchise’s thrilling new installment. Focusing on the eponymous superhero introduced in “Captain America: Civil War,” the story follows T’Challa (Chadwick Boseman), who must return to the African nation of Wakanda to take his rightful place at the throne. Festivities are interrupted by the plans of the villainous arms dealer Ulysses (Andy Serkis), as well as the arrival of American soldier Eric Killmonger (Michael B. Jordan). As alliances and betrayals proliferate, can T’Challa prove his worth before a danger that threatens the kingdom? After his triumphant “Creed,” director Ryan Coogler proves again his talent for robust and stirring storytelling, enriching spectacle with an attention to character and emotion. The cast also includes Lupita Nyong’o, Angela Bassett and Forest Whitaker.

Early Man (Universal Studios): The droll gentleness that’s the trademark of British claymation specialist Nick Park (“Wallace & Gromit”) is in amble supply in this delightful comic fantasy set in prehistorical times. The protagonist is a good-natured Stone Age teenager named Dug (voiced by Eddie Redmayne), who, with his porcine sidekick Hognob by his side, enjoys a peaceful existence with a tribe of bumbling fellow cave-folks. But their calm lives take a sharp turn when the greedy Lord Nooth (Tom Hiddleston) decides to turn their valley into a vast mine, forcing Dug and the others to dig for metals. That’s just the beginning of an adventure that includes giant ducks and fateful football matches. Crafted with the meticulous detail expected from Park, this is an enjoyable combination of wryness and slapstick.

Netflix Tip: Beloved to TV audiences for his portrayal of the eponymous character’s irascible father on the show “Frasier,” John Mahoney (1940-2018) brought charm and wit to a slew of movie roles. So check out Netflix for some of his best films, which include “Moonstruck” (1987), “Say Anything” (1989), “Barton Fink” (1991) and “Primal Fear” (1996)..


Dunkirk (Warner Bros.): One of the most ambitious current filmmakers, Christopher Nolan follows the futuristic vision of “Interstellar” with a journey into the past with this absorbing and intense WWII drama. Set in 1940 on the French beaches of Dunkirk, the kaleidoscopic narrative weaves together several strands to give an immersive British view of the conflict. On land, there’s a group of soldiers commanded by Bolton (Kenneth Branagh), under German fire during the evacuation. By sea, there’s a boat sailed by a mariner named Dawson (Mark Rylance). By air, a trio of pilots—including Farrier (Tom Hardy)—race to provide support. Experimenting with parallel stories, Nolan serves up an intricate, bravura mosaic of suspense and drama which should rivet fans of purely visual storytelling from beginning to end.

Brawl in Cell Block 99 (RLJE Films): A rapidly rising talent in gritty genre cinema, director S. Craig Zahler (“Bone Tomahawk”) delivers an indelible descent into hell with this harrowing action-drama. Trading his trademark comic motor-mouth for a deadpan glower, Vince Vaughn is superb as Bradley Thomas, a muscular mechanic who, after losing his job and on thin ice with his wife (Jennifer Carpenter), becomes involved in the drug trade. Tossed in prison after a police shootout, he discovers that his enemies are threatening his family. His only chance lies in getting transferred to a penitentiary run by a sadistic warden (Don Johnson). Taking his time with a plot that becomes more nightmarish by the moment, Zahler displays splendid control in a mix of ghastly violence and dark humor. Not for the faint of heart.

The Hero (Criterion): India’s most renowned filmmaker as well as one of cinema’s masters, Satyajit Ray is still best known for his great “Apu” trilogy even though he directed scores of movies over several decades. Hoping to remedy that, Criterion releases one of his many works ready for discovery, this 1966 drama set mostly aboard a train. Uttam Kumar stars as Arindam, a movie star whose fame is on shaky ground as his latest film is about to open. While en route to Delhi to receive an award, he’s approached by a journalist (Sharmila Tagore) who hopes to talk to him for an article. Over the course of the interview, Arindam reflects on his life both on camera and away from it. The result is a typically perceptive and humanistic Ray portrait. With subtitles.


Indianapolis, Indiana Adopt-a-Dog

ID: 33893585
Age: 8 years, 3 months
Weight: 74 pounds
Color: Tan/White
Spayed: Yes
Location: Adoption Dogs Room 1
Adoption Fee: $160

I'm the kind of dog who loves to go for a walk around the neighborhood or take a hike through the woods, but I'm also okay just hanging out around the house with you. We'll have fun no matter what we do!
* Sweet and people oriented girl, loves to snuggle and give kisses *
* Really enjoys playing with toys *
* Smart, food motivated girl, already knows 'sit' and will enjoy daily walks*
* Prefers to be the only pet in the home *

IndyHumane Adoption Center
7929 Michigan Road
Indianapolis, IN

Adoption Lobby Hours
Monday 1pm – 7pm
Tuesday 1pm – 7pm
Wednesday 1pm – 7pm
Thursday Closed
Friday 1pm – 7pm
Saturday 11am – 6pm
Sunday 11am – 4pm
Major Holidays Close

Adopt-a-Pet by Leasing Co. State/City

Adopt a Pet



Jim Gibbons with his Three Dogs
Out for a Stroll

Bell, 1 year old, Fergus, 3 years old, Fiona (in stroller), 16 years old

Jim Gibbons, Founder and Managing Director, Edison Capital Leasing LLC, out for a stroll at a wild bird refuge near his home in Holladay, Utah.



News Briefs----

India arrests 11 suspects in $1.8 billion bank fraud case
Nirav &  family fled India weeks before the criminal case registered

Fed Officials Say Economy Is Ready for Higher Rates
  might eventually raise rates to a level higher
   than financial markets presently anticipate

Toys “R” Us Plans to Close Another 200 Stores
  sharply cut corporate staff 

Freeze turns Calif. almond orchards into fields of icicles,
     threatens $5 billion industry

JPMorgan Chase to replace its HQ with a 70-story skyscraper
   to create 8,000 construction jobs. take five years to build


You May Have Missed---

Iconic Guitar Company Gibson reportedly facing bankruptcy
 --- in Nashville, Tennessee since 1894


 Fresh Fallen Snow
by Ogden Nash

I like to walk on fresh fallen snow
The kind that whispers and speaks.
It sings a song as I walk along
With crackles and scrunches and squeaks.



Sports Briefs---

Andrew Luck: ‘Ship Has Sailed’ on More Surgery
   as Colts QB Eyes Minicamp Return 

Surgeon: Carson Wentz could be brace-dependent

49ers’ silence on Reuben Foster is deafening

49ers take vow of silence while Reuben Foster questions remain

Mark Cuban’s Terrible 24 Hours Now Includes a $600,000 Fine

How Yankees went from George’s dynasty to Hal’s perfect gamble

Why Mikaela Shiffrin Brought 35 Pairs of Skis to the Olympics


California Nuts Briefs---

‘Single greatest threat’ to economy needs $1.5 billion fix,
 mayors tell Jerry Brown   “150,000 Homelessness”

Facing specter of drought, California farmers
  are told to expect little water

Feinstein: Traffic is terrible. Build a new bay bridge

Hotel planned for downtown San Jose’s south side



“Gimme that Wine”

Expert judges join forces to evaluate 7,000 wines

Sonoma, Napa winegrape growers battle frost after early bud break

2018 Top 40+ Wine Influencers: Who to Follow on Social Media?

The Favorite Wine Books of Top Sommeliers

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in History

     1616 - A smallpox epidemic among Indians relieved future New England colonies of the threat of major hostilities with the Indians. The tribes from the Penobscot River in Maine to Narragansett Bay in Rhode Island were virtually destroyed. It was not so much the white man that defeated the American natives, but the diseases they brought with them from the old world.
    1618 - In a move to compel church attendance, Governor Samuel Argall of Virginia decreed that all who failed to attend church service would be imprisoned in the guardhouse, “lying neck and heels in the Corps of Gard ye night following and be a slave ye week following.” Sunday dancing, fiddling, card playing, hunting, and fishing were also forbidden.
    1630 - Popcorn was introduced to English colonists by Quadequine, brother of Massasoit, who brought a bag of it to dinner.
    1631 - The first public thanksgiving, a fast day, was celebrated in Massachusetts Bay Colony, though many private celebrations had been recorded before this. 
    1656 - Congregation Shearith Israel, the first Jewish congregation in America, consecrated the first Jewish cemetery in New York City. The plot occupied a piece of ground in the section now known as Chatham Square.
    1732 – Birthday of the United States’ first President, George Washington (d. 1799) in Westmoreland County, VA.   There is insufficient space here to properly note the accomplishments of America’s first war hero and leader.
    1773 - The memorable "Cold Sabbath" in New England history. Many persons froze extremities while going to church, according to weather historian David Ludlum
    1775 – The first U.S. stock company, a cloth maker, offered shares at 10 cents each.
    1778 - Birthday of Rembrandt Peale (d. 1860) at Bucks County, PA.  American portrait and historical painter, son of artist Charles Willson Peale.
    1784 - The Empress of China, first trading ship sent to China from the United States, set sail from New York, arriving in China on August 28.
    1819 - The Florida Purchase treaty was signed by Spain and the U.S. After having lost several decisive sea battles with the British, and the French, Spain was ready to abandon its several centuries of settlements in the new world. In a triumph of diplomacy by Secretary of State John Quincy Adams, Spain ceded the remainder of its old province of Florida at no cost beyond that of U.S. assumption of up to $5,000,000 of the claims of U.S. citizens against Spain. Adams also obtained for the U.S. a transcontinental southern boundary that legitimized U.S. interests on the northern side of the line to the Pacific. Florida became a state in 1845.
    1819 - James Russell Lowell (d. 1891), poet/essayist/diplomat, was born in Cambridge, Massachusetts.
    1825 – Russia and Great Britain established the Canada-Alaska boundary with the Anglo-Russian Convention of 1825.
    1847 - At the Battle of Buena Vista, U.S. forces under Gen. Zachary Taylor defeated the Mexicans under Gen. Antonio Lopez de Santa Anna. The war would end in 1848 by which terms Mexico recognized Texas a part of the US and ceded to the use 500,000 square miles of territory, including all of the future states of California, Nevada, and Utah, almost all of New Mexico and Arizona, and parts of Colorado and Wyoming. In return, the U.S. agreed to pay Mexico $15,000,000. The war resulted in 1721 dead and 4102 wounded. In addition, some 11,115 Americans died of disease as a result of the war. The total cost of the war was estimated at $97,500,000. The U.S. became an enormous continental republic, but the acquisition of the new territory aggravated the dispute between slavery and antislavery forces.
    1847 - As one of his last official acts, Alcalde (Spanish for mayor) Washington A. Bartlett certified the accuracy of the new town plan for San Francisco before the County Recorder.  Lt. Bartlett became the first American alcalde, or mayor, of Yerba Buena after Sloate took possession of California for the US from Mexico.  He was elected to succeed himself as mayor at the first election held under the new regime, on September 15, 1846. Bartlett was involved in the Donner Party tragedy; upon news being received at Yerba Buena of the disaster, Bartlett collected clothing and provisions to relieve the survivors.  In one of his last acts as mayor, he formally changed the name of Yerba Buena on January 30, 1847 to that which it is known by today: San Francisco.  Bartlett, as an experienced surveyor, also ordered the creation of some of the first maps of the city-to-be. Montgomery Street was named for his commanding officer, and Bartlett Street is most probably named for him.
    1854 – The Republican Party held its first meeting, in Michigan.
    1855 – The Pennsylvania State University was founded in State College as the Farmers' High School of Pennsylvania.
    1856 – The Republican Party held its first national meeting, in Pittsburgh.
    1860 – Organized baseball was played in San Francisco for the first time.
    1864 – The second day/last day of Battle of Okolona, MS.  Confederate cavalry, commanded by Maj. Gen. Nathan Bedford Forrest, faced over 7,000 cavalry under the command of Brig. Gen. William Sooy Smith and defeated them, causing 100 casualties for the loss of 50.
    1864 - Battle at Dalton, Georgia. From Vicksburg, Mississippi, Union Gen. Sherman launched a campaign to take the important railroad center at Meridian and, if the situation was favorable, to push on to Selma and threaten Mobile, in order to prevent the shipment of Confederate men and supplies. To counter the threat, Confederate President Jefferson Davis ordered troops into the area. While these operations unfolded, Thomas determined to probe Gen. Johnston's army in the hope that Johnston's loss of two divisions, sent to reinforce Lt. Gen. Leonidas Polk as he withdrew from Meridian to Demopolis, Alabama, would make him vulnerable. Skirmishing and intense fighting occurred throughout the demonstration. At Crow Valley on the 25th, Union troops almost turned the Rebel right flank, but ultimately it held. On the 27th, Thomas's army withdrew, realizing that Johnston was ready and able to counter any assault.
    1865 - Battle of Wilmington NC (Fort Anderson).  Occupied by Federals, Confederate Gen. Braxton Bragg ordered the evacuation of Wilmington, burning cotton, tobacco, and government stores. A similar event happened in the burning of Atlanta, where Union troops were blamed for the destruction, but in reality it was the fleeing Confederate army not wanting to leave supplies, buildings or any aid to the occupying Union army. The Union army captures Fort Fisher with the great help of the “colored infantry division.” Today the fort is a national historical site, also housing the famous North Carolina Aquarium, receiving over 1 million visitors each year.
    1876 - Johns Hopkins University opens, the first research university in the United States.
    1879 - Frank Woolworth opened his first store at Utica, New York. The store was a great disappointment as its sales after a few weeks were as low as $2.50 a day. Woolworth moved his store in June, 1879 to Lancaster, PA, where it proved a success. He came up with the idea for a five-cent store on September 24, 1878, in Watertown, NY, when he originated a “five-cent table” in the store of Moore and Smith during the week of the county fair. The first joint venture of the Woolworth brothers in Harrisburg, PA, was called the “Great 5 Cent Store.” In 1997, the closing of the chain was announced. Macy's, Montgomery Ward, K-Mart, the White House, among others, have filed bankruptcy as Wal-Mart and Costco and e-commerce have changed the "department store" business.
    1884 - Birthday of Abe Attell (d. 1970), a boxer born Albert Knoehr at San Francisco, CA. Attell held the featherweight championship for 11 years, 1906-1912, when boxing was not quite as organized as it could have been. A heavy gambler and known associate of Arnold Rothstein, he got involved in baseball's Black Sox scandal.  In 1920, Attell was accused of being the messenger between the gangster Rothstein and the White Sox players during the planning stages of the fix of the 1919 World Series, actually delivering $10,000 to the player-conspirators.   He avoided prosecution, first by fleeing to Canada and then by convincing authorities that there were two Abe Attells and the other one was the guilty party.
    1888 - General A.M. Winn leads a parade in San Francisco, celebrating the passage of California's 8-hour work day law.
    1888 - John Reid of Scotland demonstrated golf to Americans in Yonkers, New York    
    1889 - President Cleveland signs the Omnibus Admissions Act to admit the Dakotas, Montana and Washington State. One final amendment to the Omnibus Bill was particularly significant for Washington. Representative Springer of Illinois, chairman of the House Committee on Territories, wanted to rename Washington as the state of Tacoma. The move sparked considerable controversy in Washington, including a letter by ex-governor Watson Squire charging that the Northern Pacific had chosen the name for the city of Tacoma, had wanted to change the name of Mt. Rainier to Tacoma, and now wanted to rename the state. Watson argued the importance of keeping the name as a "trademark" and in honor of George Washington: “And is not this commonwealth one of the monuments erected to the father of the republic? Why impiously seek to tear it down? Is the monument unworthy of the name? Only an ignoramus could harbor the thought!” The Omnibus Bill would have renamed the state Tacoma until the final vote on February 20, at which time the name of Washington was restored. It was signed by President Cleveland on the 22nd to honor the first President of the United States.
    1892 - Birthday of Edna St. Vincent Millay (d. 1950), American poet ("My candle burns at both ends . . ."), at Rockland, ME.
    1906 - Black evangelist William J. Seymour first arrived in Los Angeles and began holding revival meetings. The "Azusa Street Revival" later broke out under Seymour's leadership, in the Apostolic Faith Mission located at 312 Azusa Street in Los Angeles. It was one of the pioneering events in the history of 20th century American Pentecostalism.
    1907 - Birthday of trumpeter Rex Stewart (d. 1967), Philadelphia, PA
    1907 – Actor Robert Young (d. 1998) was born in Chicago.  He is best known for his leading roles as Jim Anderson, the father character in “Father Knows Best,” and the physician Marcus Welby in “Marcus Welby, M.D.”
    1909 – The Great White Fleet, the first U.S. fleet to circle the globe, returns to Virginia.  It consisted of 16 battleships along with various escorts. President Theodore Roosevelt sought to demonstrate growing American military power and blue-water navy capability. Hoping to enforce treaties and protect overseas holdings, the U.S. Congress appropriated funds to build American sea power. Beginning with just 90 small ships, over one-third of them wooden, the navy quickly grew to include new modern steel fighting vessels. The hulls of these ships were painted a stark white,
    1912 - Thirty-five starving women and children were beaten and arrested at the train station of Lawrence, Massachusetts, when they tried to go to temporary homes in Philadelphia. Workers were striking the lowering of wages and poor working conditions in the textile plants.
    1915 – Tenor Saxophone player Buddy Tate’s (d. 2002) birthday, born George Holmes Tate in Sherman, Texas.
    1918 - Robert Wadlow (d. 1940), the tallest man in recorded history, was born at Alton, IL. Though only 9 lbs. at birth, by age 10, Wadlow already stood over 6 feet tall and weighed 210 lbs. When Wadlow died at age 22, he was a remarkable 8 feet 11.1 inches tall, 490 lbs. His gentle, friendly manner in the face of constant public attention earned him the name "Gentle Giant." Wadlow died July 15, 1940, at Manistee, MI, of complications resulting from a foot infection.
    1918 - A spectacular Chinook wind at Granville, ND, caused the temperature to spurt from a morning low of 33 degrees below zero to an afternoon high of 50 degrees above zero.
    1918 – One of television’s best known voices, Don Pardo (d. 2014), was born in Westfield, MA.  Pardo was noted for his 70-year tenure with NBC, working as the announcer for early incarnations of such shows as “The Price is Right,” “Jackpot,” “Jeopardy!,” “Three on a Match,” “Winning Streak,” and “NBC Nightly News.”  His longest, and best-known, announcing job was for NBC's “Saturday Night Live,” a job he held for 39 seasons, from the show's debut in 1975 until his death.
    1918 – Charley Finley (d. 1996) was born in LaPorte, IN.  The longtime owner of the Kansas City Athletics and Oakland Athletics, prior to buying the A's, Finley had tried to buy the Detroit Tigers and Chicago White Sox, and been considered as a potential owner of the expansion Los Angeles Angels.  History recognizes him as one of the most innovative owners in the game.  Among his famous stunts were a mechanical rabbit that would pop out of the ground near home plate to deliver fresh baseballs to the umpire, a live mascot mule (named Charlie O) and an attempt to introduce orange-colored baseballs for better night vision.  He had his teams wear garish uniforms in gold and green, and attempted to dump the venerable "Athletics" nickname in favor of the more-modern sounding "A's." He was among the first to understand the importance of the newly-created amateur draft and used it to build a lineup of young stars such as Reggie Jackson, Catfish Hunter and Sal Bando, soon making the club a contender. The A's won the AL West for five consecutive seasons, from 1971-5, and they captured three straight World Series from 1972-4. The teams were also notable for wearing mustaches, something done at Finley's insistence to enhance the A's image.   Finley was convinced that speed was one of the keys to winning ballgames and forced his teams to carry a full-time pinch-runner throughout the 1970s. He used a track star with no baseball experience – Herb Washington - in the role but although the sprinter had great speed, his lack of baseball instincts was a problem.  And like the former owner of the Philadelphia Athletics, when finances proved to be a problem, he went about selling or trading his stars – Vida Blue, Gene Tenace and others - until the Commissioner cancelled them for the good of the game.
    1920 - Honky-tonk piano player Del Wood (d. 1989) was born Adelaide Hendricks in Nashville, Tennessee. She recorded a ragtime version of a fiddle tune called "Down Yonder" in 1951 and came up with a million-seller. Jerry Lee Lewis has cited Del Wood as one of the artists he listened to in his early years.
    1922 - Trumpeter Joe Wilder (d. 2014) birthday, Colwyn, PA.
    1923 – Transcontinental airmail service was initiated.
    1927 – Singer Guy Mitchell (d. 1999) was born Albert George Cernik in Detroit.  An American pop singer, successful in the US, the UK and Australia, he sold 44 million records, including six million-selling singles.  Mitch Miller, in charge of talent at Columbia Records, noticed Cernik in 1950 when he joined Columbia and took his new stage name at Miller's urging: Miller supposedly said, "…my name is 'Mitchell' and you seem a nice 'guy', so we'll call you Guy Mitchell." His first hit was "My Heart Cries for You" (1951). He ventured into rock ‘n’ roll with songs including "Heartaches by the Number," "Rock-a-Billy," "The Same Old Me," and his biggest hit, "Singing the Blues," which was number one for 10 weeks in 1956.
    1929 – Before the term existed, one of the game’s first closers, Ryne Duren (d. 2011), was born in Cazenovia, WI.  A hard-throwing right-hander, Duren was frightening to bat against because he only intermittently had control of his prodigious fastball. Known to teammates simply as "Rhino", his thick "Coke bottle" glasses, a reputation for heavy drinking, and a tendency to throw warm-up pitches against the backstop only heightened batters' uneasiness. The scene in “Bull Durham” where Nuke LaLoosh hits the mascot bull in the on-deck circle was a take-off on Duren’s warmup pitches upon entering the game.  He led the league in saves for the Yankees in 1958.  Following his playing career, Duren spent many years involved in Alcoholics Anonymous and the recovery movement.
    1932 – Edward M. “Ted” Kennedy (d. 2009) was born in Boston.  A Democrat Senator from Massachusetts, he was the second most senior member of the Senate when he died and was the fourth longest-serving senator in United States history, having served there for almost 47 years. The most prominent living member of the Kennedy family for many years, he was the last surviving son of Joseph P. Kennedy and Rose F. Kennedy; the youngest brother of President Kohn F. Kennedy and Senator Robert F. Kennedy, both victims of assassination; and the father of Congressman Patrick J. Kennedy.   Kennedy entered the Senate in a November, 1962 special election to fill the seat once held by his brother John. 
    1934 – George “Sparky” Anderson (d. 2010) was born in Bridgewater, SD.  He managed the Cincinnati Reds’ Big Red Machine to the 1975 and 1976 World Series championships, then added a third title in 1984 with the Detroit Tigers. He was the first manager to win the World Series in both leagues. His 2,194 career wins are the 6th-most for a manager in Major League history. Anderson was elected to the Baseball Hall of Fame in 2000.    
    1936 - Although heat and spring and summer, early 1936 brought record cold to parts of the U.S. Sioux Center, IA reported 42 inches of snow on the ground, a state record.
    1936 - The temperature at Langdon, ND, climbed above zero for the first time in six weeks. Readings never got above freezing during all three winter months.
    1938 - The St. Louis Cardinals signed TCU All-American football star and Washington Redskins quarterback Sammy Baugh as a shortstop. He started with the Cards in spring training, but was assigned to the minors.  He did not play any more seasons as a pro baseball player, devoting his time thereafter to football.
    1944 – Robert Kardashian (d. 2003) was born in LA.  He gained national recognition as O.J. Simpson’s friend and defense attorney during Simpson's 1995 murder trial. He had four children with his first wife, Kris: Kourtney, Kim, Khloe, and Rob, all of whom have become well known for appearing on their family reality television series.
    1944 - MONTGOMERY, JACK C., Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, 45th Infantry dust prevailed in the
Division. Place and date: Near, Padiglione, Italy, 22 February 1944. Entered service at: Sallisaw, Okla. Birth: Long, Okla. G.O. No.: 5, 15 January 1945. Citation: For conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty on 22 February 1944, near Padiglione, Italy. Two hours before daybreak a strong force of enemy infantry established themselves in 3 echelons at 50 yards, 100 yards, and 300 yards, respectively, in front of the rifle platoons commanded by 1st Lt. Montgomery. The closest position, consisting of 4 machineguns and 1 mortar, threatened the immediate security of the platoon position. Seizing an Ml rifle and several hand grenades, 1st Lt. Montgomery crawled up a ditch to within hand grenade range of the enemy. Then climbing boldly onto a little mound, he fired his rifle and threw his grenades so accurately that he killed 8 of the enemy and captured the remaining 4. Returning to his platoon, he called for artillery fire on a house, in and around which he suspected that the majority of the enemy had entrenched themselves. Arming himself with a carbine, he proceeded along the shallow ditch, as withering fire from the riflemen and machine gunners in the second position was concentrated on him. He attacked this position with such fury that 7 of the enemy surrendered to him, and both machineguns were silenced. Three German dead were found in the vicinity later that morning. 1st Lt. Montgomery continued boldly toward the house, 300 yards from his platoon position. It was now daylight, and the enemy observation was excellent across the flat open terrain which led to 1st Lt. Montgomery's objective. When the artillery barrage had lifted, 1st Lt. Montgomery ran fearlessly toward the strongly defended position. As the enemy started streaming out of the house, 1st Lt. Montgomery, unafraid of treacherous snipers, exposed himself daringly to assemble the surrendering enemy and send them to the rear. His fearless, aggressive, and intrepid actions that morning, accounted for a total of 11 enemy dead, 32 prisoners, and an unknown number of wounded. That night, while aiding an adjacent unit to repulse a counterattack, he was struck by mortar fragments and seriously wounded. The selflessness and courage exhibited by 1st Lt. Montgomery in alone attacking 3 strong enemy positions inspired his men to a degree beyond estimation.
    1945 - CHAMBERS, JUSTICE M., Medal of Honor
Rank and organization: Colonel. U.S. Marine Corps Reserve, 3rd Assault Battalion Landing Team. 25th Marines, 4th Marine Division. Place and date: On Iwo Jima, Volcano Islands. from 19 to 22 February 1945. Entered service at: Washington, D.C. Born: 2 February 1908, Huntington, W. Va. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty as commanding officer of the 3d Assault Battalion Landing Team, 25th Marines, 4th Marine Division, in action against enemy Japanese forces on Iwo Jima, Volcano Islands, from 19 to 22 February 1945. Under a furious barrage of enemy machinegun and small-arms fire from the commanding cliffs on the right, Col. Chambers (then Lt. Col.) landed immediately after the initial assault waves of his battalion on D-day to find the momentum of the assault threatened by heavy casualties from withering Japanese artillery, mortar rocket, machinegun, and rifle fire. Exposed to relentless hostile fire, he coolly reorganized his battle-weary men, inspiring them to heroic efforts by his own valor and leading them in an attack on the critical, impregnable high ground from which the enemy was pouring an increasing volume of fire directly onto troops ashore as well as amphibious craft in succeeding waves. Constantly in the front lines encouraging his men to push forward against the enemy's savage resistance, Col. Chambers led the 8-hour battle to carry the flanking ridge top and reduce the enemy's fields of aimed fire, thus protecting the vital foothold gained. In constant defiance of hostile fire while reconnoitering the entire regimental combat team zone of action, he maintained contact with adjacent units and forwarded vital information to the regimental commander. His zealous fighting spirit undiminished despite terrific casualties and the loss of most of his key officers, he again reorganized his troops for renewed attack against the enemy's main line of resistance and was directing the fire of the rocket platoon when he fell, critically wounded. Evacuated under heavy Japanese fire, Col. Chambers, by forceful leadership, courage, and fortitude in the face of staggering odds, was directly instrumental in insuring the success of subsequent operations of the 5th Amphibious Corps on Iwo Jima, thereby sustaining and enhancing the finest traditions of the U.S. Naval Service.
    1945 - Birthday of '60s folk-rock singer Oliver, born William Oliver Swofford (d. 2000), N. Wilkesboro, NC.
    1946 - Dizzy Gillespie first records “Night in Tunisia,” NYC (Vi 40-0130)
    1950 – Julius Erving was born in East Meadow, NY.  One of the giants of professional basketball, Dr. J helped popularize the modern style of play that emphasizes leaping and playing above the rim. Erving helped legitimize the start-up ABA and was the best-known player in that league when it merged with the NBA after the 1975–76 season. He is the sixth-highest scorer in ABA/NBA history with 30,026 points (NBA and ABA combined). He was well known for slam-dunking from the free throw line and was the only player voted Most Valuable Player in both the American Basketball Association and the National Basketball Association.  Erving was inducted in 1993 into the Basketball Hall of Fame and was also named to the NBA’s 50th Anniversary team. In 1994, Erving was named by Sports Illustrated as one of the 40 most important athletes of all time.
    1956 - Eighty well-known boycotters, including Rosa Parks, Martin Luther King, Jr., and Edward Nixon marched to the sheriff’s office in the Montgomery County, Alabama courthouse, where they gave themselves up for arrest. On Feb 20, 1956, white city leaders of Montgomery, Alabama, issued an ultimatum to black organizers of the three-month-old Montgomery bus boycott. They said if the boycott ended immediately there would be "no retaliation whatsoever." If it did not end, it was made clear they would begin arresting black leaders. Two days later, they were booked, finger printed and photographed. The next day the story was carried by newspapers all over the world.
    1956 - For the first time, Elvis Presley hit the music charts as "Heartbreak Hotel" began to climb to number one on pop charts. It reached the top on April 11, 1956, and stayed there for eight weeks.
    1956 - Billboard reviews James Brown's debut record "Please, Please, Please": "A dynamic, religious fervor runs through the pleading solo here. Brown and the Famous Flames group let off plenty of steam.”
    1957 - Top Hits
“Too Much” - Elvis Presley
“Young Love” - Tab Hunter
“Love is Strange” - Mickey & Sylvia
“Young Love” - Sonny James
    1957 - In a small club in Blytheville, Arkansas, Jerry Lee Lewis plays "Whole Lotta Shakin' Goin' On." Although Lewis did not write the tune, it was a favorite of his since he first heard it a year earlier. This is the first time Lewis adds his own words to replace those he has forgotten.
    1957 - Famed US dance instructor Arthur Murray reported that enrollment in his dance studios has increased ten percent since the "rock and roll craze" has swept the country.
    1957 - The Film "Don't Knock the Rock," featuring appearances by Alan Freed, Little Richard and Bill Haley, opens at the Paramount Theatre in New York.
    1958 - The Silhouettes topped Cash Box Magazine's Best Sellers Chart with "Get A Job" after Dick Clark started playing it on his TV show, American Bandstand. The group got their name from the 1957 song by The Rays, (covered by Herman's Hermits in the 60's) and the inspiration for the tune came from writer Rick Lewis' mother, when she chided her son to "get up in the morning and go out and get a job."
    1958 - Roy Hamilton's record, "Don't Let Go," hit #13 for its first week on record charts, making it the first stereo record to make the pop music charts. The year 1958 saw several stereo recordings, including: "Hang Up My Rock and Roll Shoes" by Chuck Willis, "Yakety Yak" by the Coasters, "Born Too Late" by The Poni-Tails, "It's All in the Game" by Tommy Edwards and "What Am I Living For" by Chuck Willis.
    1958 – The movie “The Big Beat,” a virtual rewrite of 1957's “Rock Around The Clock,” opens in Detroit, featuring The Diamonds, The Del-Vikings, The Mills Brothers, and Fats Domino, who sings the hit title track.  
    1959 - The first running of the Daytona 500, the race that has become the most important event on the NASCAR calendar, took place at the newly-opened Daytona International Speedway in Florida. Drivers Lee Petty and Johnny Beauchamp crossed the finished line in what appeared to be a dead heat, but photographs and film, examined later, showed Petty to be the winner.
    1960 - "Theme from A Summer Place" by Percy Faith began its nine-week run at the top of the Billboard singles chart. It remains the longest-running number-one instrumental in the history of the chart and brought Faith a Grammy Award for Record of the Year in 1961.
    1965 - Top Hits
“This Diamond Ring” - Gary Lewis & The Playboys
“My Girl” - The Temptations
“The Jolly Green Giant” - The Kingsmen
“I've Got a Tiger by the Tail” - Buck Owens
    1965 - In the Bahamas, filming got underway for the Beatles' second movie, "HELP!" Other scenes were shot in England and Austria. The film opened in North America in August.
    1965 - The Rodgers and Hammerstein musical “Cinderella,” starring newcomer Lesley Ann Warren, debuted on CBS. It received a Nielsen rating of 42.3 and was among the highest-rated single programs in the history of television.
    1968 - Genesis, a group formed as a songwriters' cooperative by three English schoolboys, Peter Gabriel, Tony Banks and Mike Rutherford, release its first single, "The Silent Sun."
    1969 - The Foundations' "Build Me Up Buttercup" peaks at #3 on the pop chart
    1969 - Barbara Jo Rubin became the first woman jockey to win a thoroughbred horse race in the United States. She rode Cohesion to victory by a neck over Reely Beeg in the ninth race at Charles Town Race Track in West Virginia.
    1969 - FOX, WESLEY L., Medal of Honor
Rank and organization: Captain, U.S. Marine Corps, Company A, 1st Battalion, 9th Marines, 3d Marine Division. Place and date: Quang Tri Province, Republic of Vietnam, 22 February 1969. Entered service at: Leesburg, Va. Born: 30 September 1931, Herndon, Va. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as commanding officer of Company A, in action against the enemy in the northern A Shau Valley. Capt. (then 1st Lt.) Fox's company came under intense fire from a large well concealed enemy force. Capt. Fox maneuvered to a position from which he could assess the situation and confer with his platoon leaders. As they departed to execute the plan he had devised, the enemy attacked and Capt. Fox was wounded along with all of the other members of the command group, except the executive officer. Capt. Fox continued to direct the activity of his company. Advancing through heavy enemy fire, he personally neutralized 1 enemy position and calmly ordered an assault against the hostile emplacements. He then moved through the hazardous area coordinating aircraft support with the activities of his men. When his executive officer was mortally wounded, Capt. Fox reorganized the company and directed the fire of his men as they hurled grenades against the enemy and drove the hostile forces into retreat. Wounded again in the final assault, Capt. Fox refused medical attention, established a defensive posture, and supervised the preparation of casualties for medical evacuation. His indomitable courage, inspiring initiative, and unwavering devotion to duty in the face of grave personal danger inspired his marines to such aggressive action that they overcame all enemy resistance and destroyed a large bunker complex. Capt. Fox's heroic actions reflect great credit upon himself and the Marine Corps, and uphold the highest traditions of the U.S. Naval Service.
    1969 - LANG, GEORGE C., Medal of Honor
Rank and organization: Specialist Fourth Class, U.S. Army, Company A, 4th Battalion, 47th Infantry, 9th Infantry Division. Place and date: Kien Hoa province, Republic of Vietnam, 22 February 1969. Entered service at: Brooklyn, N.Y. Born: 20 April 1947, Flushing, N.Y. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sp4c. Lang, Company A, was serving as a squad leader when his unit, on a reconnaissance-in-force mission, encountered intense fire from a well-fortified enemy bunker complex. Sp4c. Lang observed an emplacement from which heavy fire was coming. Unhesitatingly, he assaulted the position and destroyed it with hand grenades and rifle fire. Observing another emplacement approximately 15 meters to his front, Sp4c. Lang jumped across a canal, moved through heavy enemy fire to within a few feet of the position, and eliminated it, again using hand grenades and rifle fire. Nearby, he discovered a large cache of enemy ammunition. As he maneuvered his squad forward to secure the cache, they came under fire from yet a third bunker. Sp4c. Lang immediately reacted, assaulted his position, and destroyed it with the remainder of his grenades. After returning to the area of the arms cache, his squad again came under heavy enemy rocket and automatic weapons fire from 3 sides and suffered 6 casualties. Sp4c. Lang was 1 of those seriously wounded. Although immobilized and in great pain, he continued to direct his men until his evacuation was ordered over his protests. The sustained extraordinary courage and selflessness exhibited by this soldier over an extended period of time were an inspiration to his comrades and are in keeping with the highest traditions of the U.S. Army.
    1969 - LAW, ROBERT D., Medal of Honor
Rank and organization: Specialist Fourth Class, U.S. Army, Company 1 (Ranger), 75th Infantry, 1st Infantry Division. place and date: Tinh Phuoc Thanh province, Republic of Vietnam, 22 February 1969. Entered service at: Dallas, Tex. Born: 15 September 1944, Fort Worth, Tex. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sp4c. Law distinguished himself while serving with Company 1. While on a long-range reconnaissance patrol in Tinh Phuoc Thanh province, Sp4c. Law and 5 comrades made contact with a small enemy patrol. As the opposing elements exchanged intense fire, he maneuvered to a perilously exposed position flanking his comrades and began placing suppressive fire on the hostile troops. Although his team was hindered by a low supply of ammunition and suffered from an unidentified irritating gas in the air, Sp4c. Law's spirited defense and challenging counterassault rallied his fellow soldiers against the well-equipped hostile troops. When an enemy grenade landed in his team's position, Sp4c. Law, instead of diving into the safety of a stream behind him, threw himself on the grenade to save the lives of his comrades. Sp4c. Law's extraordinary courage and profound concern for his fellow soldiers were in keeping with the highest traditions of the military service and reflect great credit on himself, his unit, and the U.S. Army.
    1971 - An outbreak of tornadoes hit northeastern Louisiana and northern and central Mississippi. The tornadoes claimed 121 lives, including 110 in Mississippi. Three tornadoes accounted for 118 of the deaths. There are 1600 persons injured, 900 homes were destroyed or badly damaged, and total damage was $19 million.
    1973 - Roberta Flack receives a gold record for "Killing Me Softly with His Song" which was Number One for five weeks. Composed by Charles Fox with lyrics by Norman Gabriel, the song was written in collaboration with Lori Leiberman, who recorded the song in late 1971. According to Leiberman, the song was born of a poem she wrote after experiencing a strong reaction to the song "Empty Chairs," written, composed, and recorded by Don McLean.  She then related this information to Gimbel, who took her feelings and put them into words. Then, Gimbel passed the words on to Fox, who set them to music.  Don McLean said he didn’t know the song described him.     
    1973 - Top Hits
“Crocodile Rock” - Elton John
“Oh, Babe, What Would You Say?” - Hurricane Smith
“Dueling Banjos” - Eric Weissberg & Steve Mandell
“I Wonder if They Ever Think of Me” - Merle Haggard
    1974 - The first women's basketball game took place in Madison Square Garden and the management, convinced that the women couldn't draw a crowd, also scheduled a man's game afterwards. Following the women's game, the crowd of nearly 12,000 left and the men played before empty seats.
    1980 - The Miracle on Ice...the US Olympic hockey team upset the team from the Soviet Union, 4-3, at the Lake Placid Winter Games to earn a victory often called the “Miracle on Ice.”  The Americans went on to defeat Finland two days later and win the gold medal. Sportscaster Al Michaels, who was calling the game on ABC, picked up on the countdown and delivered his famous call:  “11 seconds, you've got 10 seconds, the countdown going on right now! Morrow to Silk. Five seconds left in the game. Do you believe in miracles?! YES!!!   They lit the fire at the 2002 Winter Olympics in Salt Lake City, Utah.
    1981 - The Duke Ellington musical "Sophisticated Ladies," starring Phyllis Hyman, opened on Broadway. The Grammy's are awarded: Tracy Chapman wins Best New Artist; Bobby McFerrin's "Don't Worry Be Happy" wins Best Song and Record and Jethro Tull wins the first Hard Rock/Metal Grammy.
    1981 - Top Hits
“9 to 5” - Dolly Parton
“I Love a Rainy Night” - Eddie Rabbitt
“Woman” - John Lennon
“Southern Rains” - Mel Tillis
    1986 - A twelve-day siege of heavy rain and snow, which produced widespread flooding and mudslides across northern and central California, finally came to an end. The storm caused more than 400 million dollars property damage. Bucks Lake, located in the Sierra Nevada Range, received 49.6 inches of rain during the twelve-day period.
    1986 - Having just acquired all 45 episodes of “The Monkees,” cable channel MTV airs them all in a 22-hour marathon, sparking a completely unexpected career revival for the prefab pop group.
    1988 - A storm tracking across southern Canada produced high winds in the north central U.S. with gusted to 90 mph reported at Boulder, CO. The high winds snapped trees and power lines, and ripped shingles off roofs. The Kentucky Fried Chicken Bucket was blown off their store in Havre, MT. An eighteen foot fiberglass bear was blown off its stand along a store front in West Cody, WY, and sailed east into downtown Cody before the owners were able to transport their wandering bear back home in a horse trailer.
    1989 - Top Hits
“Straight Up” - Paula Abdul
“Wild Thing” - Tone Loc
“Born to Be My Baby” - Bon Jovi
“Big Wheels in the Moonlight” - Dan Seals
    1989 - The Grammys are awarded: Tracy Chapman wins Best New Artist; Bobby McFerrin's "Don't Worry Be Happy" wins Best Song and Record and Jethro Tull wins the first Hard Rock/Metal Grammy
    1989 - Strong northwesterly winds ushering cold arctic air into the north central U.S. produced snow squalls in the Great Lakes Region, with heavy snow near Lake Michigan. Totals in northwest Indiana ranged up to 24 inches at Gary, and up to 16 inches buried northeastern Illinois.
    1989 - Thunderstorms developing during the morning hours spread severe weather across Georgia and the Carolinas. Strong thunderstorm winds caused one death and thirteen injuries in North Carolina, and another four injuries in South Carolina.
    1992 - Kristi Yamaguchi of the United States won the gold medal in women's figure skating at the Albertville Olympics. Although she fell while performing a triple loop, she committed far fewer errors than her rivals, thus getting the gold medal. Midori Ito of Japan won the silver, Nancy Kerrigan of the United States the bronze. “Yamaguchi crafted her title on a feathery vision of artistic precision and elegance, with near total disdain for the latest trends in acrobatic jumping,” wrote Michael Janofsky in the New York Times.
    1994 - The Church of England announced officially that it would ordain women as priests. The first ordination of the 1,200 women in line for priesthood occurred 03-12-1994, with the first woman celebrating communion 03-13-1994, British Mother's day. The U.S. Episcopal Church had ordained 1,031 women by the time of the Church of England announcement. Thirty-five Anglican priests announced they would leave the church, some saying they would join the Roman Catholic Church and predicting as many as one-third of the men would leave over the ordination of women. It did not occur.
    1994 – Aldrich Ames and his wife were charged by the Department of Justice with spying for the Soviet Union. At the time of his arrest, Ames had compromised more CIA assets than any other mole in history until Robert Hanssen's arrest seven years later. A 31-year CIA counterintelligence analyst who committed espionage for the KGB, he was convicted of espionage in 1994. He is serving a life sentence without the possibility of parole.  Ultimately, Ames received $4.6 million from the Soviets, which allowed him to enjoy a lifestyle well beyond the means of a CIA officer. When, in August 1985, Ames' divorce became final, he immediately married Rosario. Understanding that his new wealth would raise eyebrows, he developed a cover story that his prosperity was the result of money given to him by his Colombian wife's wealthy family. To help fabricate this, Ames wired considerable amounts of his espionage profits to his new in-laws in Bogota, as well as to help improve their impoverished status.  Ames' betrayal resulted in the deaths of a number of CIA assets.  He pleaded guilty on April 28 and his wife received a five-year prison sentence for tax evasion and conspiracy to commit espionage as part of a plea bargain by Ames.               
    1995 - Top Hits
“Take A Bow”- Madonna
“Creep”- TLC
“On Bended Knee”- Boyz II Men
“Another Night”- Real McCoy
    2001 - British newspaper Sunday Mirror reports that the Beatles, who have been broken up for 31 years, are nevertheless the top grossing recording group of the year 2000.
    2005 - Tom Umberg, a California state assemblyman, introduced legislation which would require professional sports franchises to use disclaimers if they do not play the majority of home games in the location used in their name. With his "Truth in Sports Advertising Act," the Anaheim Democrat was trying prevent the local team from changing its name to the Los Angeles Angels of Anaheim.
    2006 – The LA Dodgers announced the team has extended the contract of Vin Scully through 2008. The Hall of Fame broadcaster, considered by many to be the best announcer in history, began his 57th year in the Dodger organization, which is believed to be the longest tenure of any on-air individual in sports history.  Scully’s last year behind the mic was 2016.
    2017 – Major League Baseball adopted a significant rule change as part of a strategy to speed up the game: a pitcher will no longer need to throw four pitches deliberately outside the strike zone in order to issue an intentional walk.  Instead, the defensive team's manager will simply need to signal his intention to the home plate umpire who will immediately direct the batter to first base. However, given that there is on average one intentional walk every 2.5 games, the change is expected to have only a minimal impact on playing time.



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