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


Monday, January 22, 2018

Today's Equipment Leasing Headlines

Position Wanted – Operations
  Work Remotely or Relocate for Right Opportunity
Top Stories -- January 16 - 17
  (Opened Most by Readers)
California Federal Court Approves Northern Leasing
Class Action Settlement for $5 Million
 By Tom McCurnin, Leasing News Legal Editor
No Surprise, Bank of the Ozarks Closing Leasing Division
  The Timetable Announcement to Wall Street Analysts
Used Equipment Takes Major Advance in 2018 Tax Laws
   By Shawn Halladay, The Alta Group
Don't Miss the Free ELFA Tax Reform Webinar Tomorrow
  Tuesday, Jan. 23, 2018, at 2pm-3:30pm ET
Classified Ads---Employment Web Sites
   Career Building Online
Leasing News Advisor
  Phil Dushey
The World's Busiest Air Routes
  By Niall McCarthy,
Pointer/Labrador Retriever Mix
  Little Rock, Arkansas Adopt a Dog
GoFundMe for John McManigal Exceeds $100,000
  CEO and Founder of MEDCAP Asset Finance
News Briefs---
CFPB Signals Shift by Dropping Payday Lender Lawsuit
  group of payday lenders associated with an American Indian tribe
25 Biggest Layoffs in the Last Year
  "under siege by the e-commerce revolution"
Venture capital investing hits $84 billion,
   highest since dot-com boom

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
Leasing News Icon for Android Mobile Device 

You May have Missed---
  Sports Brief----
   California Nuts Brief---
   "Gimme that Wine"
     This Day in History
       Daily Puzzle
         Weather, USA or specific area
          Traffic Live----

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

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Position Wanted – Operations
Work Remotely or Relocate for Right Opportunity

Each Week Leasing News is pleased, as a service to its readership, to offer completely free ads placed by candidates for jobs in the industry.  These ads also can be accessed directly on the website at:

Each ad is limited to (100) words and ads repeat for up to 6 months unless the candidate tells us to stop. Your submissions should be received here by the end of each week.


5 time Presidents Club Franchise Player with 20+ years in Logistics, Collections, Technology Pricing/Appraisal ( NAPA) Certified, Portfolio Appraisal Inventory receivable proficient, Management Control System Developer & Specialist. Proactive communications & Equipment Dealer Specialist for Healthcare/Printing/Office Equipment & Industrial portfolios. Specialist in ALL Inventory receivable channels.




Top Stories -- January 16 - 17
(Opened Most by Readers)

(1) Northern Leasing Response to Tom McCurnin's
 "Finally! New York Attorney General’s Office Goes
 After Northern Leasing"
By Christopher Menkin, Editor

(2) GoFundMe for John McManigal
CEO and Founder of MEDCAP Asset Finance

(3) GoFundMe for John McManigal Reaching $100,000
   CEO and Founder of MEDCAP Asset Finance

(4) New Hires/Promotions in the Leasing Business
    and Related Industries

(5) New Hires/Promotions in the Leasing Business
    and Related Industries

(6) Kroger is rolling out a new technology to nearly 200 stores
  that could change grocery shopping as we know it

(7) Can You Run Credit Reports on Job Applicants
   The Answer is Yes, Except in Certain States
By Tom McCurnin, Leasing News Legal Editor, and John Rubiner, Esq.

(8) The closing of 63 Sam's Club stores has big implications
    for small business

(9) Where Have All the Men Gone?
   Bloomberg Report on Employment Age Participation

(10) Who Works the Most Hours Every Year?
     By Niall McCarthy,


Receivables Management LLC
John Kenny

• End of Lease Negotiations & Enforcement 
• Third-Party Commercial Collections | ph 315-866-1167


California Federal Court Approves Northern Leasing
Class Action Settlement for $5 Million
Plus $1.6 Million in Attorney Fees
By Tom McCurnin
Leasing News Legal Editor

Settlement Addresses Northern Leasing’s Cheating of Thousands of Lessees Using Tax Calculations

Rainbow Bus. Sols., Inc. v. MBF Leasing LLC, No. 10-cv-01993-CW, 2017 U.S. Dist. LEXIS 200187, at *10 (N.D. Cal. Dec. 5, 2017)

This lawsuit involved seven years of litigation, multiple motions to dismiss, and two trips to the 9th Circuit. Finally, after this tortured lesson in civil procedure, Northern Leasing and its affiliate MBF and its ISOs have settled this case and a multi-million dollar settlement was approved. The facts follow. 

The lawsuit was filed in March 2010 by several small businesses. The plaintiffs alleged violations of the RICO; breach of contract; breach of the duty of good faith; and unfair business practices under California Business and Professions Code sections 17200. The issue was that Northern Leasing, and their sisters company MBF and its ISOs and ACH servicers, allegedly cheated hundreds of borrowers using unauthorized tax ACH collections through shadow companies.

As alleged, the scam worked by using old ACH withdrawal authorizations from closed or expired leases.  Northern Leasing and its agent SKS Associates ACH’ed as many as 107,000 borrowers for so-called unpaid tax payments, without proof of taxes owed and without direct authorization. Many of the leases were already expired and terminated. It is unknown whether Northern Leasing actually remitted the tax payments it collected, or simply pocketed the remittances. 

What was interesting was that Northern Leasing was unable to perform the ACH itself, because it had been previously fined by NACHA. Northern therefore used shadow companies to perform this function. The trial court actually granted an injunction against the tax collection activities of the defendants, ruling that the practice raised “serious questions.” The 9th Circuit affirmed. About ten months later, the parties settled this case. 

The settlement involves the payment of $1,600,000 in attorney fees and $350 for each class member (which might exceed $3 million dollars). It is unknown how the defendants allocated these payments between Merchant Services and Northern Leasing.  

In addition, the defendants had to agree to change its business practices, including the disclosure of the actual ISO registered with the credit card processor, clearer lease terms, and more disclosures. 

The United States District Court approved the settlement last month. 

What are the takeaways here?

First, Class actions Are expensive. It is unknown what the defendants paid their counsel for seven years of litigation, but I would expect that it is something near a million dollars for each set of counsel.

Second, Once a Class is actually certified, it's time to fold up the tents. After all the motions to dismiss, summary judgments have failed and the court certifies a class, the game is up. It’s not a question of whether the defendant will pay a huge sum of money, but how much that pot will be. 

• Third, it is unknown what the total settlement sum is. We don’t know how many lessees opted in to the settlement to get their $350, but the number ranges upward from about $3 million dollars. 

Fourth, expect to pay the plaintiff’s fees. In a class action, the defendant pays fees of both its counsel and the fees of plaintiffs.  In this case, that number was $1,600,000, significantly more than the plaintiff asked. The fact that the trial court awarded a bonus speaks volumes as to how the judge felt about the conduct of this case
Fifth, this class action actually compelled the lessors to change their business practices. I’m not sure whether it was this class action or the New York Attorney General which compelled Northern Leasing to change, but change they did. Whether this ends the unlawful business practices remains to be seen.

The bottom line to this case is that debiting accounts for tax payments on expired leases is not an acceptable practice, but you did not need me to tell you that. Whether it took the New York Attorney General or these plaintiffs’ counsel to stop the unlawful conduct remains to be seen. But thankfully, someone undertook this job, and counsel was well paid for its accomplishments. 


Complaint of the New York Attorney General’s Office

Press Release of New York Attorney General

Copy of Approval of Settlement

Settlement Agreement

First Premier Letter


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:



No Surprise, Bank of the Ozarks Closing Leasing Division
  The Timetable Announcement to Wall Street Analysts

Bank of the Ozarks Chairman and CEO George Gleason announced that the bank located in Little Rock, Arkansas is getting out of the "small ticket leasing" business as well as secondary mortgage lending (to consumers). To those in the leasing industry, it was no surprise. Heads of the divisions 13 member staff * have changed several times, most notably when Kyle. W. Gilliam, CLFP, became President of BancorpSouth Equipment Finance.

“In 1979, George Gleason, a 25-year-old attorney, purchased controlling interest and assumed active management of the bank as chairman of the board and chief executive officer.”

He is more interested in real estate transactions, Gleason told Wall Street analysts "...the leasing division’s small ticket equipment portfolio had been unprofitable and shrinking in recent years.

"As a result, we ceased taking small ticket applications in the leasing division on November 28. The remaining portfolio of approximately $97 million will runoff naturally with the last asset maturing in mid-2023. The elimination of the cost of the small ticket origination infrastructure and the realignment of the remaining servicing and collection functions within community banking should make this portfolio profitable as it winds down."


Gleason told Arkansas Business he "...reshuffled his duties earlier this year to devote about 75 percent of his time to the bank's real estate."

Bank of the Ozarks defends its aggressive CRE strategy — again



Used Equipment Takes Major Advance in 2018 Tax Laws
By Shawn Halladay, The Alta Group

Under the new tax law 100% expensing of equipment applies to both new and used equipment.

Nature of the change – taxpayers are allowed 100% bonus depreciation on acquired assets in the first year, for both new and used equipment. This 100% expensing is available through 2022, after which time the 100% is phased out over five years.

Potential impact – much has been made about the impact of this provision on business decisions. It is nowhere as dramatic as it appears, however, including the impact on the equipment leasing industry where there is concern that the availability of 100% expensing will push customers towards buying equipment. The real benefit of this provision is not the 100% expensing, but its availability for used equipment.

Our industry has been living with bonus depreciation, including 100% expensing at one point, for around 10 years now, albeit only on new equipment, and we have not yet bit the dust. Furthermore, the value of the 100% bonus, relative to the existing 50% bonus scheme, is heavily diluted due to the reduced tax rate of 21%, even to the point of being at par.

This parity is shown in the following illustration for new, 5-year MACRS equipment. As can be seen, the reduction in taxes payable in the first year is the same under both the prior and new laws.

The benefit attributable to used equipment is substantial, as follows, again using 5-year MACRS equipment. Any impact in this regard, therefore, will be a function of the volume of used equipment being written under tax leases.

This is not to say that the deferral value in pricing is not affected – indeed it is, but, again, not drastically. For a 5-year transaction, the lessee rate reduction attributable to using 100% expensing only would be around 10-12 basis points more than using the 50% bonus. The benefit of 100% expensing increases substantially in 2019, on a comparative basis, though, as the bonus depreciation of 50% under prior law was scheduled to decrease to 40% in 2019.

What should be of bigger concern with 100% expensing is the impact on captives, as this provision eliminates any deferral of their gross profit on equipment sales subject to tax leases. Under the deferred intercompany transaction rules, captives are allowed to bring gross profit into income in proportion to their MACRS deductions, which creates the deferral. Under the new rule, 100% of the gross profit will be taxed in year one. Ouch.

(Originally published in

Shawn Halladay
Managing Director

Shawn is a Managing Director of The Alta Group, the leading consulting firm serving the equipment leasing industry.  He has authored or co-authored eight books on equipment leasing, including "A Guide to Equipment Leasing,", "A Guide to Accounting for Leases" and "The Handbook of Equipment Leasing."  He has also been a contributing writer to Leasing News, reporting on Leasing and Finance Conferences, as well as other events.



Don't Miss the Free ELFA Tax Reform Webinar Tomorrow
Tuesday, Jan. 23, 2018, at 2pm-3:30pm ET

The Equipment Leasing and Finance Association is hosting a free 90-minute webinar to examine the impact of new tax reform legislation on the $1 trillion equipment finance industry on Tuesday, Jan. 23, 2018, at 2pm-3:30pm ET. There is no cost to attend. Learn more and register today at


Classified Ads---Employment Web Sites

Here is a list of top internet job web sites, several specializing in financial, money, and leasing, too.

While discussing employment forms with an attorney is advised, often it does not come up, as well as considered "too expensive." Here are a "Non-Disclosure Agreement," by state, "as well as an Independent Contractor Agreement, " and "Non-Compete Agreement," a guide in an easy-to-digest, user-friendly resource that uniquely focuses on the different strategies that junior, mid and senior-level employees can utilize during their salary negotiations, as opposed to the one-size-fits-all advice of most salary negotiation articles."



Leasing News Advisor 
Phil Dushey

Philip Dushey
Global Financial Services
1 State Street
New York NY 10004
Phone 212-480-4900

Phil is one of the original founding members of the Leasing News Advisory Board. Phil Dushey has been active in the finance and leasing industry for the over 37 years. His first company was Global Financial Services, which is still active and successful today. Global specializes in all types of financing such as equipment leasing, accounts receivable financing, debt restructuring, and establishing lines of credit. Mr. Dushey feels that to be competitive in today's expanding financial climate a company must be able to service all of his clients’ needs not just equipment leasing. 

In 1989, Mr. Dushey saw a need for a company that would serve the needs of churches, synagogues, mosques, and other places of worship throughout the country for equipment Leasing. At the time, most financing sources were reticent regarding religious institutions. He then formed Global Church Financing. It continues to be the leading company in providing financing to churches and other religious institutions today.

In 2001, Mr. Dushey fulfilled one of his lifelong dreams and formed Global Financial Training Program. He believes it is the most comprehensive and successful training school in the country to train people who want to enter the finance and leasing business. The program includes everything they need to enter the business. He says he very much enjoys teaching how to make money in the finance industry based on 37 years of experience.

Mr. Dushey is a founding member of the National Association of Equipment Leasing Brokers. He has been a member and speaker at many leasing organizations for several years.

He and his wife Laurie have been married for 47 years, with six grandchildren, three boys and three girls age 9, 11, 13, 17, 19 and 21.



The World's Busiest Air Routes
By Niall McCarthy,

When most people think about the busiest air routes around the world, New York to Los Angeles or London to Paris spring to mind. It might come as a surprise to some that the world's most crowded flight path is actually between the South Korean island of Jeju and the capital of Seoul. According to UK-based aviation data monitor OAG, there were 64,991 departures between Jeju and Seoul Gimpo in 2017, roughly 178 per day. The route's popularity comes from tourism rather than business travel.

Jeju is the largest island off the Korean peninsula and it is sometimes labeled "the Hawaii of South Korea". It boasts dramatic volcanic landscapes that have been afforded UNESCO World Natural Heritage Site status as well as impressive hiking trails and stunning beaches. Even though Jeju has lured more international tourists in recent years, particularly from China, the bulk of the visitors are still Korean. In fact, it is so popular among Koreans that a domestic flight from Seoul leaves every 15 minutes on average.

Across the globe, the ten busiest air routes are all domestic and the connection between Melbourne and Sydney is the second busiest. Last year, there were 54,519 departures on the 443 mile route between the two Australian cities. Mumbai to Delhi comes third with 47,462 departures in 2017. The short hop from Los Angeles to San Francisco is the first American route on the list, coming seventh overall in volume of departures. The busiest international flight path is between Hong Kong and Taipei and it had 29,494 departures in 2017.



Pointer/Labrador Retriever Mix
Little Rock, Arkansas  Adopt a Dog

Vaccinations up to date

Little Rock Animal Services
4500 S. Kramer Street
Little Rock, AR 72206

Send a Message:

Adopt a Pet



GoFundMe for John McManigal Exceeds $100,000
CEO and Founder of MEDCAP Asset Finance


News Briefs----

CFPB Signals Shift by Dropping Payday Lender Lawsuit
group of payday lenders associated with an American Indian tribe

25 Biggest Layoffs in the Last Year
"under siege by the e-commerce revolution"

Venture capital investing hits $84 billion,
   highest since dot-com boom



You May Have Missed---

A peek inside vintage California grocery stores of years gone by



The stands are full of eager fans 
Who say, we're paid too much money! 
But if they would put our suits on 
They'd find football isn't funny. 

Twenty-two men and five referees 
Chasing a pigskin, air filled ball. 
Mashing and bashing all the way 

Till the striped shirts whistle their call. 

All the generals on the sideline 
Are waging their athletic war. 
And the letters in the words they use 
Never amount to more than four. 

There's no substitute for winning 
And no excuse for losing. 
Though after games; when we can't sleep 
It's because of all the bruising. 




Sports Briefs---

Tom Brady rescues Patriots with masterful rally past
     Jaguars for Super Bowl return

Nick Foles and the Eagles Achieved Something Spectacular—Downing the NFL's No. 1 Defense


California Nuts Briefs---

California sets a new record for lowest unemployment rate

Recreational marijuana is legal in California,
  but stoned driving is still hard to detect

Massive tree mortality Sierra Nevada, California



“Gimme that Wine”

Richard Kunde, champion of Sonoma County wine,
  agriculture, dies at 75

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in History

     1552 – Sir Walter Raleigh (d. 1618) was born, Devon, England.  Writer, poet, soldier, politician, courtier, spy and explorer, he was knighted in 1585. Raleigh was instrumental in the English colonization of North America and was granted a royal patent to explore Virginia, paving the way for future English settlements. It is from this experience that he is well known for popularizing tobacco in England.
    1654 – William Kidd (or Kyd) (d. 1701) was born in Dundee, Scotland.  Kidd later settled in the newly anglicized New York City, where he befriended many prominent colonial citizens, including three governors. Kidd was active in the building of Trinity Church.  Widely known simply as Captain Kidd, he was tried and executed for piracy after returning from a voyage to the Indian Ocean.   
    1673 – Postal service between New York and Boston was inaugurated using post riders.  The monthly service was the first of its kind in the colonies. Prior to that, some people boarding ships would act as couriers for packages and letters. Over land, people would ask ministers or merchants to transport important packages. Sometimes letters would move from tavern to tavern. There was no guarantee a letter would reach its recipient. The Postal Road followed Native American trails and ultimately became the major thoroughfares for the region. Originally called the Pequot Path, it had been in use by Native Americans long before Europeans arrived.  The first ride to lay out the Upper Post Road started in January, 1673.  Later, the newly blazed trail was widened and smoothed to the point where horse-drawn wagons or stagecoaches could use the road.   Much of what is now US Route 1 in The Bronx and southern Westchester County, NY is known as the Boston Post Road, dating to this event. The Upper Post Road runs through Connecticut along the coast.
    1755 - Alexander Hamilton (d. 1804) born at British West Indies. American statesman, an author of “The Federalist Papers,” first Secretary of the Treasury.” Dueled Aaron Burr the morning of July 11, 1804, at Weehawken, NJ. Mortally wounded there and died the next day.
    1770 - Rhubarb was shipped by Benjamin Franklin from London, England to John Bartram in Philadelphia, Pa. Rhubarb pie was a favorite in the United Colonies.
    1775 - Francis Salvador, the first Jew to be elected in the Americas, takes his seat on the South Carolina Provincial Congress. In June 1776, Salvador, a Patriot, became known as the "Southern Paul Revere" when he warned Charleston, South Carolina, of the approaching British naval fleet. Thanks to Salvador's intelligence information, Fort Sullivan in Charleston harbor was able to prepare for the British attack and the half-completed fort successfully repelled an attack by a British fleet under Sir Peter Parker. On August 1 of the same year, while leading a militia group under the general command of Major Wilkinson, Salvador and his men were ambushed by a group of Cherokees and Loyalists near present-day Seneca, South Carolina. Salvador was wounded and then scalped by the Cherokees. He was the first recorded Jewish soldier killed in the American War for Independence.
    1788 - George Gordon Byron, 6th Baron Byron, (d. 1824), commonly known simply as Lord Byron, was born in London.  English poet, peer, politician, and a leading figure in the Romantic, he is regarded as one of the greatest British poets and remains widely read and influential.
    1791 - In Philadelphia, Episcopal Bishop William White, 43, founded the First Day Society. It became the forerunner of the American Missionary Fellowship, chartered in 1817 and headquartered today in Villanova, PA.
    1813 - First pineapples planted in Hawaii, brought from Spain.
    1848 - The Town Council attempted to ban gambling in San Francisco.    
    1850 – California’s first daily newspaper, Alta California, began publishing, in San Francisco.  It descended from the first newspaper published in the city, Samuel Brannan’s California Star, which debuted on January 9, 1847. By 1849, the paper had come under the control of Robert B. Semple, who changed its name to the Alta California. On January 22, the paper began daily publication, becoming the first daily newspaper in California. On July 4, 1849, Semple began printing the Daily Alta California on a new steam press, the first such press in the west.  The newspaper continued publication until June 2, 1891.
    1857 - The National Association of Base Ball Players (NABBP) was formed, the first organization governing American baseball. The first convention of sixteen New York City area clubs terminated the Knickerbocker era, when that club had privately deliberated on the rules of the game.  The Chicago Cubs, who played their first season in the NABBP in 1870 as the Chicago White Stockings, is the only surviving team from the NABBP.
    1861 - Alabama seceded from the Union and joined the Confederacy..
    1875 – D. W. Griffith (d. 1948) was born, Oldham County, KY.  director, writer, and producer who pioneered modern film making techniques.  Griffith is best remembered for “The Birth of a Nation” (1915) and “Intolerance” (1916).  The former made use of advanced camera and narrative techniques, and its popularity set the stage for the dominance of the feature-length film in the United States. Since its release, the film has sparked significant controversy surrounding race in the United States, focusing on its negative depiction of black people and the glorification of the KKK. Today, it is both noted for its radical technique and condemned for its inherently racist philosophy.  By the time of his final feature in 1931, he had made roughly 500 films.  Griffith is one of the founders of the Academy of Motion Picture Arts and Sciences and widely considered among the most important figures in the history of cinema. He is credited with popularizing the use of the close-up shot. 
    1878 - In New York, Alexander Campbell made the first delivery of milk in glass bottles. Until then, milk had been ladled from a container by the milkman into the customer's own container.
       1902 - "Popular Mechanics" magazine was first published. Initially, it had only five paying subscribers and a few hundred readers who paid a nickel to buy it at newsstands. In September, 1903, the magazine became a monthly.    1907 - The Church of God, headquartered today in Cleveland, Tennessee, and with roots going back to 1886, officially adopted its current name. 
    1909 – Ann Sothern (d. 2001) was born Harriette Arlene Lake in Valley City, North Dakota.  An actress who worked on stage, radio, film, and television, in a career that spanned nearly six decades. Sothern began her career in the late 1920s in bit parts in films, working her way up to starring roles. In 1939, MGM cast her as Maisie Ravier, a brash yet lovable Brooklyn showgirl. The character proved to be popular and spawned a successful film series and a network radio series.  In 1953, Sothern moved into television as the star of her own sitcom, “Private Secretary.”  The series aired for five seasons and earned Sothern three Primetime Emmy Award nominations. In 1958, she starred in another sitcom for CBS, “The Ann Sothern Show,” which aired for three seasons.
    1909 – Former UN Secretary General U Thant (d. 1974) was born in Burma.  The third to hold the position (1961-71), the first non-European to hold the position, he held the office for a record 10 years and one month.
    1913 - Hudson Sedan, manufactured by the Hudson Motor Car Company, Detroit, MI, was shown at the 13th National Automobile Show. It was the first sedan with all accessories as standard equipment.
    1913 – The New York Highlanders became the New York Yankees, who signed a one-year lease for the Polo Grounds, sharing it with the New York Giants of the National League.  In the 1901 season, the club began play in the AL as the Baltimore Orioles (no relation to the modern Baltimore Orioles). Frank Farrell and Bill Devery purchased the franchise (which had ceased operations) and moved it to New York City, renaming the club the New York Highlanders.  They remained tenants through the 1922 season and moved to the newly-built Yankee Stadium for the 1923 season. 
    1918 - A tremendous blizzard completely immobilized the Midwest, stopping mail service for two weeks. The vast storm then moved through the Great Lakes Region and the Ohio Valley. Winds reached 60 mph at Toledo, OH, and the temperature plunged from 28 above to 15 below zero during passage of the cold front.
    1922 - A 14-year-old-boy, Canadian Leonard Thompson, became the first person to have his diabetes successfully treated with insulin.
    1927 – Fletcher Joseph “Joe the Jet” Perry (d. 2011) was born in Stephens, AR.  He played for the San Francisco 49ers from 1948 to 1960, the Baltimore Colts from 1961 to 1962, and returned to the 49ers in 1963 for his final year in football. He was exceptionally fast, a trait uncommon for a fullback, thus the nickname. The first African-American to be named the MVP in the NFL, he became one of American football's first black stars and was featured in the 49ers’ "Million Dollar Backfield" with John Henry Johnson and Hugh McElhenny.  With QB Y.A. Tittle, it is the only full backfield to have all four members voted into the Pro Football Hall of Fame.  He made three straight Pro Bowl appearances, and in 1954, was named the NFL MVP by UPI. He was the first player in the NFL to rush for 1,000 yards in consecutive seasons, doing so in 1953 and 1954. Perry retired in 1963 as the league's all-time leader in rushing yards, and, in 1969, he was inducted into the Pro Football Hall of Fame. His jersey number 34 was retired by the 49ers in 1971.
    1928 - Paul Whiteman recorded "Ol' Man River" on Victor Records. Bing Crosby sang as the featured vocalist on the song from the Broadway musical, "Showboat."
    1929 – The Yankees announced that they will put numbers on the backs of their uniforms, becoming the first baseball team to start continuous use of the numbers. The first numbers are based on positions in the batting order; thus, Babe Ruth will wear number 3 and Lou Gehrig number 4. In a few weeks, the Cleveland Indians followed suit. By 1931, all American League teams will use them. It will be 1933 before all National League players are numbered.
    1931 – Sam Cooke (d. 1964) was born, Clarksdale, MS.  Influential as both a singer and composer, he is commonly known as the King of Soul for his distinctive vocals and importance within popular music. He began singing as a child before moving to a solo career where he scored a string of hit songs like "You Send Me," "Wonderful World," "Chain Gang," and "Twistin the Night away.". Cooke had 30 U.S. top 40 hits between 1957 and 1964, plus three more posthumously. Cooke died at the age of 33 on December 11, 1964, at the Hacienda Motel in LA. Answering separate reports of a shooting and of a kidnapping at the motel, police found Cooke's body, clad only in a sports jacket and shoes but no shirt, pants or underwear. The motel's manager, Bertha Franklin, said she had shot Cooke in self-defense after he broke into her office residence and attacked her. Her account was immediately questioned and disputed by acquaintances.  Because other testimony corroborated Franklin's version of events, and because both later passed lie detector tests, the coroner’s jury ultimately accepted Franklin's explanation and returned a verdict of justifiable homicide.  With that verdict, authorities officially closed the case on Cooke's death.
    1935 - Amelia Earhart Putnam became the first person to make a solo flight from Hawaii to California. Three years earlier, she became the first woman to make a solo flight across the Atlantic Ocean.    1938 - The first woman bank president, Frances Moulton, assumed her duties in Limerick, Maine.
    1939 - First Metronome all-Star session (Berigan, James, Goodman) records “ Blue Lou,” “The Blues.” Victor. These Metronome Jazz Magazine masters are fascinating to listen to as they are basically all-star jam sessions..
    1939 - Marlene Dietrich, "Falling In Love Again"
    1940 – Two-time Super Bowl-winning head coach of the 49ers, George Seifert, was born in San Francisco.
    1940 - Benjamin O. Davis, Sr., becomes the U.S. Army's first black general.  His son would later become a general as well.    1944 - Franz Kettner, a private in the German army and a prisoner of war at Camp Hearne in Texas, is killed by a Nazi kangaroo court. Internment camps for German prisoners of war were dominated by Nazi enforcers, who killed as many as 150 of their fellow prisoners during World War II. 
    1944 - HOWARD, JAMES H. (Air Mission), Medal of Honor
Rank and organization: Lieutenant Colonel, U.S. Army Air Corps. Place and date: Over Oschersleben, Germany, 11 January 1944. Entered service at: St. Louis, Mo. Birth: Canton, China. G.O. No.: 45, 5 June 1944. Citation: For conspicuous gallantry and intrepidity above and beyond the call of duty in action with the enemy near Oschersleben, Germany, on 11 January 1944. On that day Col. Howard was the leader of a group of P51 aircraft providing support for a heavy bomber formation on a long-range mission deep in enemy territory. As Col. Howard's group met the bombers in the target area the bomber force was attacked by numerous enemy fighters. Col. Howard, with his group, and at once engaged the enemy and himself destroyed a German ME. 110. As a result of this attack Col. Howard lost contact with his group, and at once returned to the level of the bomber formation. He then saw that the bombers were being heavily attacked by enemy airplanes and that no other friendly fighters were at hand. While Col. Howard could have waited to attempt to assemble his group before engaging the enemy, he chose instead to attack single-handed a formation of more than 30 German airplanes. With utter disregard for his own safety he immediately pressed home determined attacks for some 30 minutes, during which time he destroyed 3 enemy airplanes and probably destroyed and damaged others. Toward the end of this engagement 3 of his guns went out of action and his fuel supply was becoming dangerously low. Despite these handicaps and the almost insuperable odds against him, Col. Howard continued his aggressive action in an attempt to protect the bombers from the numerous fighters. His skill, courage, and intrepidity on this occasion set an example of heroism which will be an inspiration to the U.S. Armed Forces.
    1945 - GAMMON, ARCHER T., Medal of Honor
Rank and organization: Staff Sergeant, U.S. Army, Company A, 9th Armored Infantry Battalion, 6th Armored Division. Place and date: Near Bastogne, Belgium, 11 January 1945. Entered service at: Roanoke, Va. Born: 11 September 1918, Chatham, Va. G.O. No.: 18, 13 February 1946. Citation: He charged 30 yards through hip-deep snow to knock out a machinegun and its 3-man crew with grenades, saving his platoon from being decimated and allowing it to continue its advance from an open field into some nearby woods. The platoon's advance through the woods had only begun when a machinegun supported by riflemen opened fire and a Tiger Royal tank sent 88mm. shells screaming at the unit from the left flank. S/Sgt. Gammon, disregarding all thoughts of personal safety, rushed forward, then cut to the left, crossing the width of the platoon's skirmish line in an attempt to get within grenade range of the tank and its protecting foot troops. Intense fire was concentrated on him by riflemen and the machinegun emplaced near the tank. He charged the automatic weapon, wiped out its crew of 4 with grenades, and, with supreme daring, advanced to within 25 yards of the armored vehicle, killing 2 hostile infantrymen with rifle fire as he moved forward. The tank had started to withdraw, backing a short distance, then firing, backing some more, and then stopping to blast out another round, when the man whose single-handed relentless attack had put the ponderous machine on the defensive was struck and instantly killed by a direct hit from the Tiger Royal's heavy gun. By his intrepidity and extreme devotion to the task of driving the enemy back no matter what the odds, S/Sgt. Gammon cleared the woods of German forces, for the tank continued to withdraw, leaving open the path for the gallant squad leader's platoon.     1947 – KTLA, the first commercial television station west of the Mississippi River, begins operation in Hollywood.  The station was licensed by the FCC in 1939 as experimental station W6XYZ, broadcasting on VHF channel 4; it did not sign on the air until September, 1942. The station was originally owned by Paramount Pictures subsidiary Television Productions, Inc., and was based at the Paramount Studios lot.  It was the 8th TV station in the entire country.
    1947 - Top Hits
“For Sentimental Reasons” - Nat King Cole
“Ole Buttermilk Sky” - The Kay Kyser Orchestra (vocal: Mike Douglas & The Campus Kids)
“The Old Lamplighter” - The Sammy Kaye Orchestra (vocal: Billy Williams)
“Divorce Me C.O.D.” - Merle Travis
        1948 - President Harry S. Truman proposes free, two-year community colleges for all who want an education. 
    1949 - Lee Konitz's cuts first record “Progression” on Prestige.
        1953 – Arthur Miller’s play, “The Crucible,” opened on Broadway.  It is a dramatized and partially fictionalized story of the Salem witch trials that took place in the Massachusetts Bay Colony during 1692/93. Miller wrote the play as an allegory for McCarthyism, when the United States government ostracized people for being communists.  Miller himself was questioned by the House Committee on Un-American Activities in 1956 and convicted of contempt of Congress for refusing to identify others present at meetings he had attended. 
    1955 - Top Hits
“Mr. Sandman” - The Chordettes
“The Naughty Lady of Shady Lane” - The Ames Brothers
“Hearts of Stone” - The Fontane Sisters
“Loose Talk” - Carl Smith
    1956 - The Coasters record "Down in Mexico," "Turtle Dovin'" 
    1956 - Elvis Presley began his first recording session in Nashville. Among the songs recorded were "Heartbreak Hotel" and "I Was the One," which became Presley's first single for RCA Victor. Artists-and-repertoire chief Steve Sholes had bought his contract from Sun Records in Memphis for 35- thousand dollars. The record became the first of Elvis' more than 50 million-sellers.
    1956 - No. 1 Billboard Pop Hit: "Memories Are Made of This," Dean Martin.
        1957 - The New York City "Mad Bomber", George Metesky, was arrested in Waterbury, CT and charged with planting more than 30 bombs. He terrorized New York City for 16 years with explosives that he planted in theaters, terminals, libraries, and offices. Bombs were left in phone booths, storage lockers, and restrooms in public buildings, including Grand central Terminal, Penn Station, Radio City, New Public Library, Port Authority Bus Terminal, the RCA Building and the subway.  Metesky also bombed movie theaters, where he cut into seat upholstery and slipped his explosive devices inside.  Angry and resentful about events surrounding a workplace injury suffered years earlier, Metesky planted at least 33 bombs, of which 22 exploded, injuring 15 people.  He was apprehended based on an early use of offender profiling and clues given in letters he wrote to a newspaper. He was found legally insane and was committed to a state mental hospital.
    1958 - The Coasters, "Charlie Brown" was released.
    1958 - On CBS-TV's "Seahunt," Lloyd Bridges starred as Mike Nelson, an ex-Navy frogman turned underwater trouble shooter. The show spent four years on the network. The underwater sequences were shot in Silver Springs, Florida. The out-of-water sequences were filmed at Marineland of the Pacific.  My father, Lawrence Menkin, wrote several of the episodes.
    1958 - "Great Balls of Fire" by Jerry Lee Lewis became the number-one song in the US. Later in the year, many radio stations began banning his records because of his marriage to his 14-year-old cousin.
    1960 - Aretha Franklin makes her stage debut at New York's Village Vanguard.
    1961 - The Marvelettes' "Please Mr. Postman" hits #1
    1963 - Top Hits
“Telstar” - The Tornadoes
“Go Away Little Girl” - Steve Lawrence
“Hotel Happiness” - Brook Benton
“Ruby Ann” - Marty Robbins
    1964 - Roger Miller records "Dang Me," one of the most popular songs
of the year, along with his "Chug-A-Lug." 
    1964 - U.S. Surgeon General Luther Terry issued the first government report saying that smoking may be hazardous to one's health.
    1964- The famed Whisky a Go-Go nightclub opened on Hollywood's Sunset Boulevard. The combination discotheque and concert venue quickly became the favored hangout for LA's hip set. It was famed for its go-go girls who both danced and acted as dj's, and for its house band, led by Johnny Rivers. The club also spotlighted the hottest acts from the US and Britain, among them the Byrds, Jimi Hendrix, the Who and Led Zeppelin. 
    1964 "Ring of Fire" by Johnny Cash becomes the first country album to top the U.S. pop album chart.
    1965 - Ray Charles' "Crying Time" enters the pop charts
    1965 - The Beach Boys record "Do You Wanna Dance" 
    1966 - British Invasion band Herman's Hermits receive a gold record for the album "The Best of Herman's Hermits."
    1967 - The great Jimi Hendrix records "Purple Haze" 
    1968 - The Rolling Stones film their legendary Rolling Stones' Rock and Roll Circus television special at Wembley television studios in Middlesex, England, featuring performances by John Lennon, Eric Clapton, the Who, Jethro Tull, Marianne Faithful -- and yes, circus people, all filmed in a circus tent. The show is never aired and only sees the light of day in 1996, supposedly because the Stones thought the Who upstaged them with their performance.
    1968 – Apollo V lifts off carrying the first Lunar module into space.
    1968 – “Rowan & Martin’s Laugh In” debuted on NBC.  An American sketch comedy television program that ran for 140 episodes to March 12, 1973.  It was hosted by comedians Dan Rowan and Dick Martin. In 2002, it was ranked number 42 on TV Guide’s 50 Greatest TV Shows of All Time.
    1969 - FRITZ, HAROLD A., Medal of Honor
Rank and organization: Captain, U.S. Army, Troop A, 1st Squadron, 11th Armored Cavalry Regiment. Place and date: Binh Long Province, Republic of Vietnam, 11 January 1969. Entered service at: Milwaukee, Wis. Born: 21 February 1944, Chicago, 111. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Capt. (then 1st Lt.) Fritz, Armor, U.S. Army, distinguished himself while serving as a platoon leader with Troop A, near Quan Loi. Capt. Fritz was leading his 7-vehicle armored column along Highway 13 to meet and escort a truck convoy when the column suddenly came under intense crossfire from a reinforced enemy company deployed in ambush positions. In the initial attack, Capt. Fritz' vehicle was hit and he was seriously wounded. Realizing that his platoon was completely surrounded vastly outnumbered, and in danger of being overrun, Capt. Fritz leaped to the top of his burning vehicle and directed the positioning of his remaining vehicles and men. With complete disregard for his wounds and safety, he ran from vehicle to vehicle in complete view of the enemy gunners in order to reposition his men, to improve the defenses, to assist the wounded, to distribute ammunition, to direct fire, and to provide encouragement to his men. When a strong enemy force assaulted the position and attempted to overrun the platoon, Capt. Fritz manned a machine gun and through his exemplary action inspired his men to deliver intense and deadly fire which broke the assault and routed the attackers. Moments later a second enemy force advanced to within 2 meters of the position and threatened to overwhelm the defenders. Capt. Fritz, armed only with a pistol and bayonet, led a small group of his men in a fierce and daring charge which routed the attackers and inflicted heavy casualties. When a relief force arrived, Capt. Fritz saw that it was not deploying effectively against the enemy positions, and he moved through the heavy enemy fire to direct its deployment against the hostile positions. This deployment forced the enemy to abandon the ambush site and withdraw. Despite his wounds, Capt. Fritz returned to his position, assisted his men, and refused medical attention until all of his wounded comrades had been treated and evacuated. The extraordinary courage and selflessness displayed by Capt. Fritz, at the repeated risk of his own life above and beyond the call of duty, were in keeping with the highest traditions of the U.S. Army and reflect the greatest credit upon himself, his unit, and the Armed Forces. 
    1970 – The Boeing 747, the world's first jumbo jet, entered commercial service for launch customer Pan American World Airways with its maiden voyage from John F. Kennedy International Airport in New York to London Heathrow Airport.
    1970 - Billy Casper became the second golfer in history to top the $1-million mark in career earnings, thanks to winning the Los Angeles Open golf tournament.
    1971 - Top Hits
“My Sweet Lord/Isn't It a Pity” - George Harrison
“Knock Three Times” - Dawn
“Black Magic Woman” - Santana
“Rose Garden” - Lynn Anderson
    1972 - Downslope winds hit the eastern slopes of the Rockies in northern Colorado and southeastern Wyoming. Boulder, CO reported wind gusts to 143 mph and twenty-five million dollars property damage.
    1973 – The Supreme Court delivered its decisions in Roe v. Wade and Doe v. Bolton, legalizing elective abortion in all fifty states.
    1973 - The American League changed its playing rules to allow for the use of a designated hitter, one player to bat for the pitcher throughout the game without being required to play in the field. The rule was intended to boost offensive production and to allow better starting pitchers to remain in the game longer.
    1974 - Country storyteller Tom. T. Hall topped the country singles charts with "I Love." His other number-one songs that year included "That Song is Driving Me Crazy" and "Country Is."
    1976 - US female Figure Skating championship won by Dorothy Hamill.
    1976 - Al Stewart's "Year of the Cat" enters the pop charts
    1977 - AT&T approves dual listings in phone books for wife and husband without extra charge, ending a three-year battle by feminists.
    1979 - Top Hits
“Too Much Heaven” - Bee Gees
“My Life” - Billy Joel
“Sharing the Night Together” - Dr. Hook
“Tulsa Time” - Don Williams
    1980 - Composer John Williams succeeded the late Arthur Fiedler as the conductor of the Boston Pops.
    1984 - The Apple Macintosh, the first consumer computer to popularize the computer mouse and the graphical user interface, is introduced during a Super Bowl XVIII television commercial. 
    1984 - The album "Thriller" by Michael Jackson became the all-time bestselling LP. "Thriller," with ten-million copies sold, surpassed the previous best-seller, the soundtrack from "Saturday Night Fever." "Thriller" eventually sold more than 40 million copies. Also on January 11th, 1984, Michael Jackson was nominated for 12 Grammy Awards.
    1984 – In Super Bowl XVIII, the Los Angeles Raiders beat the Washington Redskins, 38-9 in Tampa.  Raiders RB Marcus Allen, the MVP, carried the ball 20 times for a then-record total of 191 yards and two touchdowns, including a then-record 74-yard run in the third quarter that is still a featured highlight reel rerun. He also caught 2 passes for 18 yards.  The Redskins were reigning champs, were favored to win, finished the 1983 regular season with a league-best 14–2 record, led the league in fewest rushing yards allowed, and set a then-NFL record in scoring with 541 points.  Coached by Tom Flores, the Raiders' 38 points and 29-point margin of victory broke Super Bowl records; it still remains the most points scored by an AFC team in a Super Bowl.
    1986 - L. Douglas Wilder was sworn in as lieutenant governor of Virginia. He was the first black elected to statewide office in the South since Reconstruction. He later served as governor.
    1987 - Madonna's video about a pregnant teenager, "Papa Don't Preach," won the top award on the first World Music Video Awards. The three-hour program was co-produced by Canada's MuchMusic Network and Europe's Sky Channel. It was telecast live via satellite to five continents.
    1987 - Top Hits
“Walk Like an Egyptian” - Bangles
“Notorious” - Duran Duran
“Shake You Down” - Gregory Abbott
“Give Me Wings” - Michael Johnson
    1987 - A storm in the northeastern U.S. buried the mountains of central Vermont with up to 26 inches of snow, and snowfall totals in Maine ranged up to 27 inches at Telos Lake. Winds gusted to 45 mph at Newark, NJ and Albany, NY.
    1988 - Snow and high winds in Utah resulted in a fifty-car pile-up along Interstate 15. Winds in Wyoming gusted to 115 mph at Rendezvous Peak.
    1988 - As a result of the Players’ Association’s 1985 collusion suit against the owners, arbitrator Tom Roberts declared seven players no-risk free agents until March 1, giving them a chance to sign with other clubs despite already having contracts. The seven are Juan Beniquez, Tom Brookens, Kirk Gibson, Carlton Fisk, Donnie Moore, Joe Niekro, and Butch Wynegar.  Gibson will jump to the Dodgers and become the NL MVP and a World Series hero to boot.
    1989 – In Super Bowl XXIII, the San Francisco 49ers beat Cincinnati Bengals, 20-16 in Miami.  On January 26, 2006, ranked this game number 1 on its list of the top 10 Super Bowls of all time.  Niners WR Jerry Rice was the game’s MVP, caught 11 passes for a Super Bowl record 215 yards and a touchdown, while also rushing once for 5 yards.  The game is best remembered for the 49ers' fourth-quarter game-winning drive. Down 16–13 in what was to that time a lackluster game, San Francisco got the ball on their own eight-yard line with 3:10 on the clock and marched 92 yards down the field in under three minutes. They then scored the winning touchdown on a Joe Montana pass to John Taylor with just 34 seconds left in the game.  To calm his teammates in the huddle just before the final game-winning drive, Montana, who hyper-ventilated during the drive, pointed into the stadium crowd and said "Hey, isn't that John Candy?" (it was).  This was the final NFL game coached by the 49ers' Bill Walsh who retired after the game. This was also the final Super Bowl that Pete Rozelle presided over as NFL Commissioner.
    1992 - Paul Simon becomes the first international star to perform in South Africa following the end of the UN cultural boycott. He began a concert tour in Johannesburg.
    1992 - US female Figure Skating championship won by Kristi Yamaguchi
    1998 - NFC Championship Green Bay Packers beat San Francisco 49ers 23-10
    1998 - AFC Championship Denver Broncos beat Pitt Steelers 24-21
    1998 - US female Figure Skating championship won by Michelle Kwan
    1998 - US male Figure Skating championship won by Todd Eldredge
    1998 - Theodore Kaczynski pleaded guilty in Sacramento, Calif., to being the Unabomber in return for a sentence of life in prison without parole.
    1999 - NASA declared 1998 the warmest year on record. Global surface temperatures increased by 0.34 of a degree Fahrenheit. The average temperature of 58.496 degrees Fahrenheit eclipsed the previous record set in 1995. The 1998 warmth was associated partly with a strong El Niño, a periodic warming of the Pacific Ocean.
    1999 - At the American Music Awards, Billy Joel is given the Special Award of Merit for his "inspired songwriting skills" and "exciting showmanship." Also at the show, Blondie (with four of the original members: Debbie Harry, Chris Stein, Jimmy Destri, and Clem Burke) perform on stage with rapper Coolio singing the band's "No Exit."
    2002 – K-Mart becomes the largest retailer in United States history to file for Chapter XI.
    2003 - The United Nations reported that there is no link between al Queda and Iraq.
    2003 – Twins free agent David Ortiz signed with the Boston Red Sox, where he will start a successful and productive career, winning two World Series, hitting 541 home runs, and holding many Red Sox and designated hitter records.
    2008 - Jose Padilla, once accused of plotting with al-Qaida to blow up a radioactive "dirty bomb," was sentenced by a U.S. federal judge in Miami to more than 17 years in prison on terrorism conspiracy charges.
    2009 - President Barack Obama ordered the terrorist detention center at Guantanamo Bay closed within a year and banned harsh interrogation of terror suspects. (The prison remains open).
    2010 - Conan O'Brien ended his brief tenure as host of "The Tonight Show" after accepting a $45 million buyout from NBC to leave the show after only seven months. 

Super Bowl Champions:
    1984 – Los Angeles Raiders
    1989 – San Francisco 49ers



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