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Wednesday, July 29, 2015

Today's Equipment Leasing Headlines

Archives: July 29, 2005
  Controversy: IFC Credit and the word “Wallop”
SBA 7(a) Raised from $18.75 to $23.5 Billion
Emergency Amendment Introduced by Congresswoman
       Nydia M. Velazquez
Leasing Industry Ads---Help Wanted
Ascentium Capital/NEC Equipment Finance/Umpqua Leasing
Julie Babcock added: Top 25 Most Influential List
  of Attorneys in Equipment Finance and Leasing
The List---June, 2015
-- Mergers, Acquisitions & Changes
Secured Creditor Not Allow to Repossess
 Patient Files of Medical Provider
By Tom McCurnin, Leasing News Legal Editor
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Online Newspapers
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August 28-September 4 Jazz Cruise
Sailing Alaska with Jeff Rudin and Crew
Labrador Retriever Mix
Morton Grove, Illinois  Adopt-a-Dog

News Briefs---
CIT Group Reports Drop in Profit as Revenue Declines
 cautioned that a big acquisition could be less lucrative than expected
Three Years for Stealing $700,000 Lease Proceeds
  Like a Ponzi, Was Making Payments Until Ran Out
Marlin Leasing Introduces Business Loan Website online loans up to $100,000 in minutes
Intel’s New Memory Chips Are Faster,
  1,000 times faster than flash, Store Way More Data

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Archives: July 29, 2005
Controversy: IFC Credit and the word “Wallop”

John Estok, Executive Vice President, IFC Credit Corporation, Morton Grove, Illinois objected to the Leasing News headline in the July 28th edition: “IFC Credit Takes NorVergence Wallop." (1)

"First, that information in the headline is false, “he claimed. "We did not lose one thin dime. Over a year ago, we released our claim against any lessee or asset in the NorVergence bankruptcy. To link the FTC story to IFC is misleading."

It appears the word “wallop” was a red flag to Mr. Estok's view of the NorVergence leasing portfolio and claims the company originally made with the bankruptcy receiver or any losses the company may sustain from the NorVergence leases they purchased. He is the former President of FIRSTCORP. (First Portland Corporation dba FIRSTCORP, which IFC purchased all outstanding stock in March, 2003.) He told me he was going to call the Leasing News Advisory Board about my false writing and choice of words in the headline to describe the situation...

IFC Credit, Morton Grove, Illinois Takes NorVergence Wallop

Later the Federal Trade Commission files suit against IFC Credit regarding NorVergence leases, as do many others, as IFC Credit files bankruptcy, reportedly at the time owing over $150 million.


John Estok
Leasing Consultant
Vancouver, Washington




SBA 7(a) Raised from $18.75 to $23.5 Billion
Emergency Amendment Introduced by Congresswoman
Nydia M. Velazquez 

Added to H.R. 2499, on Tuesday, the President signed into H.R. 2499, the "Veterans Entrepreneurship Act of 2015," which prohibits the Small Business Administration (SBA) from collecting a guarantee fee in connection with an express loan made under its 7(a) Loan Program to a veteran or spouse of a veteran, sponsored by Steve Chabot (R-OH); and amended by Rep. Nydia M. Velázquez (D-NY) increases lending authority for SBA's 7(a) Loan Program for FY 2015 from $18.75 billion to $23.5 billion.

The popular SBA agreement was suspended July 23, 2015 as it had reached its limit and the small business lending unit would not start again until the new fiscal year on October 1.

The 7(a) is the most popular SBA Agreement. It includes financial help for businesses with special requirements. (1)

“It would be inexcusable for Congress to leave out in the cold small firms looking to build a new facility or purchase equipment,” Velázquez noted in introducing the amendment. “This initiative creates jobs, fuels growth and does not cost the taxpayer a cent. It would be nothing short of legislative malpractice to not extend it through the summer.”

Estimates suggest shutting the program down, even temporarily, could cost the economy more than 36,000 jobs over just a two-month period.

With the bill's signing, the SBA resumed loan approvals, said SBA spokesman Terry Sutherland.

"Requests in the existing queue will be funded first, followed by new loan guarantee requests, which will be processed as usual.

"SBA is evaluating the additional provisions of the new law and will be providing further guidance as necessary.  We appreciate the patience of our borrowers and lenders and look forward to continuing to serve the small business community through the 7(a) loan program."

The background to the bill noted: “The SBA Administrator has authority to waive the upfront fees paid by borrowers and is currently waiving that fee on 7(a) express loans (loans under $350,000) to veterans. The bill makes this waiver permanent except in years where an appropriation is necessary for the 7(a) loan program. These would be covered at no cost to the taxpayer because the Administrator has discretion to adjust other fees authorized under the 7(a) program, to maintain an overall subsidy rate of zero.[19] Appropriations were not required to cover the 7(a) program subsidy from 2007 to 2009 and 2014 to 2015. From 2010 to 2013, appropriations to cover shortfalls of $80 million, $80 million, $139.4 million, and $213.8 million, respectively, were provided. No appropriation is expected to be needed for fiscal year 2016.”

The SBA's 504 loan program, which backs loans to buy or develop property including real estate, wasn't on hold. Nor was the SBA Microloan Program, which provides loans up to $50,000, or SBA disaster loans. Funding for those loans is separate from the 7(a) program.


Seven Loan Programs Offered by the SBA




Leasing Industry Ads---Help Wanted
Ascentium Capital/NEC Equipment Finance/Umpqua Bank

Senior Credit Analyst

Choose Location
Anaheim, CA, Tigard, OR, Federal Way, WA

Middle Market Credits $500,000 to $5MM
including Equipment Leases and Financings
and Recourse and Non-recourse Lines of Credit
-Five or More Years Credit Underwriting Exp.
Some Relocation Provided
click here for more information

Financial Pacific Leasing - Commercial
A subsidiary of Umpqua Bank


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Julie Babcock added: Top 25 Most Influential List
of Attorneys in Equipment Finance and Leasing

Julie Babcock has been practicing law in the leasing industry since 1993. Julie joined the Key Equipment Finance law group in 2002 and is currently legal counsel for the Specialty Finance, Vendor, and Syndications groups. For a brief period, Julie left Key Equipment Finance to provide legal counsel for KeyBank’s Commercial Lending Group, supporting commercial real estate, real estate construction, commercial loan servicing, healthcare, Native American lending, asset based lending, letters of credit, SBA, multi-family, and middle market lending.

Prior to joining Key, Julie was the head of the Legal Department at Republic Financial Corporation, Assistant General Counsel at MetLife Capital Corporation, an associate with the law firm of Bogle & Gates, and an Independent Petroleum Landman. She has been a frequent speaker at the Legal Forum of the Equipment Leasing and Finance Association. She received the Award for the Article Making the Greatest Contribution to the Leasing Industry for her article, “Buyer Beware: Key Issues Related to Acquisitions,” Journal of Equipment Lease Financing, Vol. 13/No. 1, Spring, 1995.

A Colorado native and avid Colorado Buffaloes fan, she earned her Bachelor of Science degree (with distinction) and her Juris Doctor degree (Order of the Coif) from the University of Colorado in Boulder, Colorado. She lives in Windsor, Colorado with her husband and three dogs.

Most Influential Lawyers
in Equipment Finance and Leasing

Stewart Abramson
Andrew Alper

Thomas V. Askounis

Joe Bonanno, CLFP

Bill Carey
James Coston, CLFP
Jonathan Fleisher
Kenneth Charles Greene, Esq.
Michael A. Leichtling
Malcolm C. Lindquist 
Barry Marks, Esq., CLFP
David G. Mayer
Frank Peretore
John G. Sinodis 
Ellen Michelle Stern
Mark Stout
Kevin Trabaris
Michael J. Witt
Irwin Wittlin

Biographies of Past Nominees

"Influential" as "a person whose actions and opinions strongly influence the course of events." "Preeminent" is "eminent above or before others; superior; surpassing:" {Online Dictionary}

When the list exceeds 25, there will be a point when the top 25 on the list will be finalized. Nominations will appear in two parts: New Nominations/The Top List to Date (alphabetical) Again, this is not a popularity contest and those making the nomination will not be named.


The List---June, 2015
-- Mergers, Acquisitions & Changes
"The Good, the Bad and the Ugly"—

Warren Capital, Novato, Nevada (06/15) Receiver hires
law firm $30,000 with % to seek insurance claims against former officers and directors; speculation is insurance doesn't cover.

Bank of America, Charlotte, NC (06/15) Hires form CIT CEO/Chairman Jeff Peek for global corporate/investment banking

Alta Group, Reno, Nevada (06/15) Welcomes Back Paul W. Frechette

Lease Corporation of America, Troy, Michigan (06/15)
Surpasses $1 Billion in Lease Volume, 70,000 customers, $13,000 Average Deal

Element Financial, Toronto, Canada (06/15) Raises
$2.7 billion, talk is money to go toward a GE purchase
of railroad fleet





Secured Creditor Not Allow to Repossess
 Patient Files of Medical Provider

By Tom McCurnin
Leasing News Legal Editor

Although Security Agreement Provided for Patient Lists, the Court Refused to Turn Them Over Because of Privacy Concerns

Bank of America v Petty Properties, 2013 WL 173813 (WD Ark 2013)

I think I’ve always known about HIPAA, but didn’t care enough about it when I was called upon to liquidate a medical provider, like a dentist or chiropractor. We simply stormed into the place with a court order, secured the facility and then tried to re-market it. However, a Federal decision in Arkansas calls into question this type of remedy for equipment lessors. The facts follow.

Secured creditor Bank of America loaned Dr. Petty $320,000 in 2008. Petty pledged a security interest in his practice which included “all patient lists, files and records.”

Petty defaulted and filed bankruptcy, but Bank of America sought replevin of its collateral which included the patient files.

The court in a terse, short memorandum opinion, held that there was no basis to release the patient records to the Bank, in light of the privacy concerns attendant thereon. Presumably, the Bank received the rest of its collateral no doubt, equipment. 

What are the lessons for the equipment lessor here? 

First, repossessing from a medical practice is touchy business, unless the secured creditor is seeking only its equipment. Indeed, some of the equipment may contain HIPAA, such as copiers, scanners, and computers.  Violations of HIPAA run from $50,000 to $1.500,000. There is also a possibility of jail time. 

Second, the best way to realize upon that intangible collateral is with the physician’s consent. The secured creditor should get the keys, make a deal with the landlord, and hire a medical practice broker to sell the practice, with the equipment and files in place. This way, there is no violation of HIPAA. 

Bank of America Case

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
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August 28-September 4 Jazz Cruise
Sailing Alaska with Jeff Rudin and Crew

Jeff Rudin, CEO, Quail Capital, promises a great cruise, great music, and invites Leasing News readers to join.

"The travel business is my wife’s passion and she does an amazing job. I help her with this annual group cruise. It’s a fun diversion of the leasing/finance grind. We are blessed with good friends that are world class musicians, not to mention my middle son is a professional musician."

Jeff Rudin
T: 818-843-8686 x 14


Labrador Retriever Mix
Morton Grove, Illinois  Adopt-a-Dog

Animal ID: 27780448
Breed: Retriever, Labrador/Mix
Age: 1 year 2 months 20 days
Sex: Female
Size: Large
Color: Black
Declawed: No
Housetrained: Unknown
Location: Foster Home
Intake Date: 5/8/2015
Adoption Price: $300.00

“Meet Lexi! This girl is the sweetest of the sweet! She loves attention and would like nothing more than a cuddle buddy. She loves belly rubs and is eager for your attention. She is currently enjoying foster care while she awaits the arrival of her puppies. Please help this exceptional girl find the forever family she deserves!

“Our Adoption Hotline, 847-728-5434 option 2, is open during regular business hours and we are happy to assist you with any questions.

“To apply to adopt a pet from Wright-Way Rescue, please fill out an online application at You may also place a reservation to meet the pet you see above, pending an approved application. Please place a reservation only if you are seriously considering adding this pet to your home.

“If you would like to look more casually at our adoptable animals, please stop by Wright-Way Rescue's North Shore Humane Center located at 5915 Lincoln Avenue in Morton Grove IL. Our hours of operation are Tuesday-Friday 12:00-8:00 p.m. and Saturday & Sunday 11:00 a.m. - 4:00 p.m. We are closed on Mondays. Adoption applications are available in person at the Adoption Center should you find your fur-ever friend there.

“All Wright-Way Rescue animals come up-to-date on medical care. The adoption fee includes: current vaccinations, initial deworming medication, microchip and registration, a veterinary check with health certificate, and 30 days of pre-paid veterinary insurance.”

Northern Illinois Location —
Wright-Way Rescue North Shore Humane Center
for Adoption, Wellness, and Community Education
5915 Lincoln Avenue, Morton Grove, Illinois 60053
South of Dempster Street in Morton Grove
Phone (847) 728-5434

Morton Grove Location
Monday: Closed
Tuesday: 12:00 p.m. – 8:00 p.m.
Wednesday: 12:00 p.m. – 8:00 p.m.
Thursday: 12:00 p.m. – 8:00 p.m.
Friday: 12:00 p.m. – 8:00 p.m.
Saturday: 11:00 a.m. – 4:00 p.m.
Sunday: 11:00 a.m. – 4:00 p.m.

Adopt a Pet


News Briefs----

CIT Group Reports Drop in Profit as Revenue Declines
 cautioned that a big acquisition could be less lucrative than expected

Three Years for Stealing $700,000 Lease Proceeds
Like a Ponzi, Was Making Payments Until Ran Out

Marlin Leasing Introduces Business Loan Website online loans up to $100,000 in minutes

Intel’s New Memory Chips Are Faster,
1,000 times faster than flash, Store Way More Data




--You May Have Missed It

5 Steps to a Dog-Friendly and More Productive Office


SparkPeople--Live Healthier and Longer

10 Reasons to Eat More Ginger


Baseball Poem

The Crowd At The Ball Game 

           by William Carlos Williams - 

The crowd at the ball game 
is moved uniformly 
by a spirit of uselessness 
which delights them—  

all the exciting detail 
of the chase

and the escape, the error 
the flash of genius—

all to no end save beauty 
the eternal—  

So in detail they, the crowd, 
are beautiful  

for this 
to be warned against  

saluted and defied— 
It is alive, venomous  

it smiles grimly 
its words cut—  

The flashy female with her 
mother, gets it—

The Jew gets it straight— it 
is deadly, terrifying—  

It is the Inquisition, the 

It is beauty itself 
that lives  

day by day in them 

This is 
the power of their faces  

It is summer, it is the solstice 
the crowd is  

cheering, the crowd is laughing 
in detail  

permanently, seriously 
without thought





Sports Briefs----

Goodell rejects Brady appeal, upholds Deflategate suspension

The NFL hires its first female coach in history

Frustrated A’s Fans Start Petition Demanding Ownership Starts Spending Or Sells Team

49ers put RB Carlos Hyde on non-football injury list to start camp


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California Nuts Briefs---

Wragg fire flare-up near Lake Berryessa prompts evacuations

Nevada County fire grows to 2,233 acres with 30% containment

Facing steep rent increase, S.F. tech tenant moves to Oakland

California pension funds saw $100 billion gain in 2013-14

Vet24seven app, for a new leash on life for your dog and cat


“Gimme that Wine”

Wine propels Napa exports to record high

Worse than '97-98?! New El Niño growing into monster

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in American History

    1708 - Haverhill, Mass., was destroyed by French & Indians.
    1758 - New Jersey Legislature formed the 1st Indian reservation at, oddly enough, Indian Mills, NJ…that’s right, New Jersey!!
    1776 - General George Washington retreated during the night from Long Island to New York City, withdrawing from Manhattan to Westchester.
    1786 - Shays’ Rebellion: Daniel Shays, veteran of the battles of Lexington, Bunker Hill, Ticonderoga and Saratoga, was one of the leaders of more than 1,000 rebels who sought redress of grievances during the depres­sion days of 1786—87. He began organizing his followers with speeches this day. They prevented general court sessions and on Sept 26, they prevented Supreme Court sessions at Spring­field, MA. On Jan 25, 1787, with 1100 men, they attacked the federal arsenal at Springfield; Feb 2, Shays’ troops were routed and fled. Shays was sentenced to death but pardoned June 13, 1788.  The uprising had been caused by the harsh economic conditions faced by Massachusetts farmers, who sought reforms and the issuance of paper money.  Shays later he received a small pension for services in the American Revolution.
    1809 - Birthday of Oliver Wendell Holmes, physician and author, father of Supreme Court justice Oliver Wendell Holmes, at Cambridge, MA. Died at Boston, MA, Oct. 8, 1894.   “A moment’s insight”, he wrote, “is sometimes worth a life’s experience.”
    1811 – Birthday of Henry Bergh, founder of the ASPCA, in NYC.  He was President Lincoln’s ambassador to Russia when the severe climate forced him home.  On returning to the United States, Bergh resolved to work on behalf of animal welfare. Alone, in the face of indifference, opposition, and ridicule, he began working as a speaker and lecturer, but most of all in the street and the courtroom, and before the legislature. The legislature passed the laws prepared by him, and on 10 April 1866, the ASPCA was legally organized, with Bergh as president.  He died in NYC in 1888.
      1815 - Anna Ella Carroll’s birthday, writer and publicist for Union causes during the Civil War. She is best known for her pamphlet which outlined the proposition that the Southern states would resume their original places in the United States once the rebellion of the Civil War was over, precisely the course adopted by Abraham Lincoln in superseding Congress in the conduct of the war. She is credited with the plan to invade the South along the Tennessee River. Her tombstone reads "Maryland's Most Distinguished Lady." However, she died financially poor and anonymous in 1893.

    1817 - The first “abolition” newspaper was “The Philanthropist”, published and edited by Charles Osborn, which appeared in Mount Pleasant, OH. It published “An Appeal to Philanthropists” by Benjamin Lundy, which is said by some to be the most powerful abolition appeal ever made.
    1831 – Michael Faraday discovers electromagnetic induction.  Although Faraday received little formal education, he was one of the most influential scientists in history. It was by his research on the magnetic field around a conductor carrying a direct current that Faraday established the basis for the concept of the electromagnetic field in physics. Faraday also established that magnetism could affect rays of light and that there was an underlying relationship between the two phenomena.  It was largely due to his efforts that electricity became practical for use in technology.  As a chemist, Faraday discovered benzene, investigated chlorine, invented an early form of the Bunsen burner and the system of oxidation numbers, and popularized terminology such as anode, cathode, electrode, and ion.
    1839 - In January, 53 Africans were seized near modern-day Sierra Leone, taken to Cuba and sold as slaves. While being transferred to another part of the island on the ship Amistad, led by the African, Cinque, they seized control of the ship, telling the crew to take them back to Africa. However, the crew secretly changed course and the ship landed at Long Island, NY, where it and its ‘cargo’ were seized as salvage this day. The Amistad was towed to New Haven, CT where the Africans were imprisoned and a lengthy legal battle began to determine if they were property to be returned to Cuba or free men. John Quincy Adams took their case all the way to the Supreme Court, where on Mar 9, 1841, it was determined that they were free and could return to Africa.
    1852 - The Latter Day Saints first published their doctrine of "celestial marriage," popularly known as polygamy. The Mormon Church maintained this teaching until the Manifest of 1890 (and later Congressional legislation) outlawed the practice.
    1861 - The first Confederate forts to surrender in the Civil War were Fort Clark and Fort Hatteras on Hatteras Island, NC, guarding Pamlico Sound. They surrendered to Flag Officer Silas H. Stringham and General Benjamin Franklin Butler, who had captured the garrison with 715 men, 31 heavy guns, and 1,000 stands of arms.
    1862 - (29th-30th) At the second Battle of Bull Run, the maneuvers of General Stonewall Jackson and his teamwork with General Robert E. Lee were too much for the 45,000 Union troops under General John Pope, who broke and retreated to Washington, DC. Union losses were 1724 killed, 8372 wounded, 5958 missing. Confederate losses stood at 1481 killed, 7627 wounded, 89 missing.
    1869 - The Mount Washington Cog Railway opens in New Hampshire, making it the world's first rack railway.  The railway is still in operation, climbing Mt. Washington.
      1894 - Birthday of African-American sociologist E. Franklin Fraiser.
    1896 - History records chop suey was concocted in New York City by the chef of Chinese Ambassador Li Hung-Chang, who devised the dish to appeal to both American and Asian tastes. Chop suey was unknown in China at the time.
    1898 – The Goodyear Tire & Rubber Company was founded.
    1904 - Third modern Olympic Games open in St Louis.  These Games were originally scheduled for Chicago. However, President Theodore Roosevelt intervened on behalf of St. Louis so that the Games would be in conjunction with the Louisiana Purchase Exhibition. Again the Games were upstaged, this time by the St. Louis World’s Fair, and critics believed this would kill the fourth Olympics from taking place. The marathon included the first two Africans to compete in the Olympics – two Zulu tribesman named Lentauw (real name: Len Taunyane) and Yamasani (real name: Jan Mashiani). They wore bibs 35 and 36, respectively. 
The only problem was that these two tribesmen were not in town to compete in the Olympics – they were actually the sideshow! Yes, they were imported by the exposition as part of the Boer War exhibit (both were really students at Orange Free State in South Africa, but no one wanted to believe that these tribesmen could actually be educated – it would have ruined the whole image).  Lentauw finished ninth and Yamasani came in twelfth. This was a disappointment, as many observers were sure Lentauw could have done better – that is if he had not been chased nearly a mile off course by a large, aggressive canine! 
The marathon was over, but there is still one more little story to go along with this:  It seems that two of the patrolling officials driving in a brand-new automobile were forced to swerve to avoid hitting one of the runners – they ended up going down an embankment and were severely injured. 
In the end, the St. Louis Olympics (along with the previous Paris games) proved to be such a disaster that the Olympic Committee was forced to hold interim Olympic Games in 1906 at Athens, in an attempt to revive the flagging Olympic movement. These games were not numbered, but were attended by twenty countries and put the Olympics back on a steady course to success.   An interesting useless side note: Iced tea made its debut at the 1904 Exposition. It seems that it was so hot during the Expo that the staff at the Far East Tea House couldn’t even give away their product. 
    1911 – Ishi, considered the last Native American to make contact with European Americans, emerges from the wilderness of northeastern California…and he had no statement on the name of Washington’s NFL team!!
     1915 – The US Navy raises F-4, the first U.S. submarine sunk in an accident.
     1915 – Birthday of actress Ingrid Bergman at Stockholm, Sweden.  She won three Academy Awards, two Emmy Awards, four Golden Globes, and the Tony Award for Best Actress. She is ranked as the fourth greatest female star of American cinema of all time by the American Film Institute. She is best remembered for her roles as Ilsa Lund in “Casablanca” (1942), co-starring Humphrey Bogart, and as Alicia Huberman in “Notorious” (1946), an Alfred Hitchcock thriller co-starring Cary Grant.  Bergman died in 1982.
     1916 – US passes the Philippine Autonomy Act.
     1917 – Weezie’s birthday:  Actress Isabel Sanford was born in Harlem, NYC.  Lead role in “The Jeffersons”, in 1981, she became the first African-American actress to win a Primetime Emmy Award for Outstanding Lead Actress in a Comedy Series.  She died in LA in 2009.
     1920 - Birthday of Charlie Parker.  Clint Eastwood made a movie about his life. Known as “The Bird,” he and Dizzy Gillespie, trumpet player extraordinaire and great showman, are credited with “inventing” the style “Be-Bop.” Definitely way ahead of his time, and quite melodic (his record albums with strings from 1947 to 1952 produced by Norman Granz are jazz classics). There is controversy on how he got his name. Some say it was from sitting in the backyard of “speakeasies” in Kansas City, Kansas, where he was raised, fingering his alto sax. Others say it was his love of chicken. He was addicted to Heroin, as many of the “Be-Bop” players were. The movie “The Man with the Golden Arm” was a take-off of his life, not Chet Baker, according to the writer of the movie.  He was taken to Camarillo for the Insane, where he kicked the habit, for a short time. The club Birdland in Manhattan was named after him. It is told one of his ideas to make the club more profitable was to have a Country and Western band come and play during the breaks. Parker was a profound influence upon Miles Davis, who started playing with his band at the age of 17.
    1921 – Birthday of Wendell Scott, at Danville, VA.  Auto racer and the first black stock-car driver.  He is the only black driver to win a race in what is now the Sprint Cup Series. NASCAR champion 12-1-63: won race but because of racial tensions did not receive honor until Jan. 1964 when NASCAR officials admitted the flagman’s intentional error.  The film “Greased Lightning”, starring Richard Pryor as Scott, was loosely based on Scott's biography.  Scott died Dec 22, 1990.
    1922—New Orleans Rhythm Kings cut first records for Gennett.
    1922 –The first radio advertisement is aired on WEAF-AM in NYC
    1924 – Birthday of singer Dinah Washington (Ruth Lee Jones) born Detroit, Michigan.  Her hits include:  “What A Diff’rence a Day Makes”, “It Could Happen to You”, “Our Love is Here to Stay”, “For All We Know”, “Baby [You’ve Got What It Takes]”, “A Rockin’ Good Way [To Mess Around and Fall in Love]”, “Baby Get Lost”, “This Bitter Earth”; w/Lionel Hampton band [1943-46].  Washington died Dec 14, 1963.
    1936 – Incumbent Arizona Senator John McCain was born in the Panama Canal Zone, where his father was stationed.  At the time, the Canal was under US control.  McCain graduated from the US Naval Academy in 1958 and began his naval career at Pensacola where he began his aviation training.  On a mission during the Vietnam War, he was captured on October 26, 1967 when his plane was shot down by a missile over Hanoi.   McCain fractured both arms and a leg ejecting from the aircraft, and nearly drowned when he parachuted into a lake.   Some North Vietnamese pulled him ashore, then others crushed his shoulder with a rifle butt and bayoneted him. Although McCain was badly wounded, his captors refused to treat his injuries, beating and interrogating him to get information; he was given medical care only when the North Vietnamese discovered that his father was a top admiral.  He was released on March 14, 1973.  After retiring in 1981, he began his political career by running and winning a seat in Congress from Arizona’s First District.  Upon being skewered in the press for being a carpetbagger, McCain responded, “…Listen, pal. I spent 22 years in the Navy. My father was in the Navy. My grandfather was in the Navy. We in the military service tend to move a lot. We have to live in all parts of the country, all parts of the world. I wish I could have had the luxury, like you, of growing up and living and spending my entire life in a nice place like the First District of Arizona, but I was doing other things. As a matter of fact, when I think about it now, the place I lived longest in my life was Hanoi.”  His Senate career began in 1987 where he has been a leader and he has run for President twice.
    1938 – Elliott Gould’s birthday in Queens, NY.  Aside from becoming Barbra Streisand’s first husband, Gould has had a decent career in movies.  Among them:  “M*A*S*H”, “Bob and Carol and Ted and Alice”, “Oceans 12”, “Oceans 13”.
    1939 - A typical day at the Graham dairy farm in Georgetown, North Carolina.
    1940 – Former Reagan Press Secretary James Brady, who just passed last month, was born.  Brady was wounded severely in the 1981 assassination attempt on President Reagan in Washington, DC, suffering permanent brain damage.  The resulting gun legislation bears his name as the Brady Bill.
    1943 – Blood, Sweat, and Tears pianist Dick Halligan born.
    1944 - For the sake of diplomacy, Paris was liberated on August 25, when the German commander General Dietrich von Choltiz surrendered to French General Jacques-Phillipe Leclerc. On this day, the 15,000 American troops taking part in the liberation marched down Champs Elysees.
    1944 - McVElGH, JOHN J., Medal of Honor.
Rank and organization: Sergeant, U .S. Army, Company H, 23d Infantry, 2d Infantry Division. Place and date: Near Brest, France, 29 August 1944. Entered service at: Philadelphia, Pa. Birth: Philadelphia, Pa. G.O. No.: 24, 6 April 1945. Citation: For conspicuous gallantry and intrepidity at risk of his life above and beyond the call of duty near Brest, France, on 29 August 1944. Shortly after dusk an enemy counterattack of platoon strength was launched against 1 platoon of Company G, 23d Infantry. Since the Company G platoon was not dug in and had just begun to assume defensive positions along a hedge, part of the line sagged momentarily under heavy fire from small arms and 2 flak guns, leaving a section of heavy machineguns holding a wide frontage without rifle protection. The enemy drive moved so swiftly that German riflemen were soon almost on top of 1 machinegun position. Sgt. McVeigh, heedless of a tremendous amount of small arms and flak fire directed toward him, stood up in full view of the enemy and directed the fire of his squad on the attacking Germans until his position was almost overrun. He then drew his trench knife. and single-handed charged several of the enemy. In a savage hand-to-hand struggle, Sgt. McVeigh killed 1 German with the knife, his only weapon, and was advancing on 3 more of the enemy when he was shot down and killed with small arms fire at pointblank range. Sgt. McVeigh's heroic act allowed the 2 remaining men in his squad to concentrate their machinegun fire on the attacking enemy and then turn their weapons on the 3 Germans in the road, killing all 3. Fire from this machinegun and the other gun of the section was almost entirely responsible for stopping this enemy assault, and allowed the rifle platoon to which it was attached time to reorganize, assume positions on and hold the high ground gained during the day.
    1945 - Wyomia Tyus’ birthday, Afro-American U.S. sprinter who was the first person to win Olympic gold medals in back-to-back competitions: the 100m dash in 1964 and in 1968, setting a new world's record the second time.
    1946 – One of the battleships damaged at Pearl Harbor, USS Nevada, was decommissioned by the US Navy.
    1948 - In St. Louis, Jackie Robinson hits for the cycle, drives in two runs, scores three times and steals a base helping the Dodgers to beat the Cardinals, 12-7.
    1948 - Carol Bartz’ birthday, American CEO and chair of Autodesk, once one of the world's largest manufacturers of computer-design software. Only 2 percent of technology company chief executives are women. As CEO of Autodesk, Carol Bartz ran the fourth largest PC software company in the world, with 3 million customers in nearly 140 countries. She was also a strong role model for other aspiring women in the software Industry. Bartz led the effort to re-architect Autodesk's flagship product AutoCAD, and led the corporation towards further innovation and diversification of its product line.
    1953 - Birthday of American composer William Copper, Virginia.
    1954 - Birthday of Flora “Flo” Hyman, volleyball player, born at Inglewood, CA. Hyman stood 6’5” and was regarded as the best player in the US, starring on the 1984 Olympic team that won the silver medal. She suffered from Morfan’s syndrome, a hidden congenital aorta disorder. Died at Matsue, Japan, Jan 24, 1985.
    1954 - San Francisco International Airport (SFO) opens. It has been continually “under construction” since this date. San Francisco has had at least three airports within the city limits during the twentieth century. Crissy Field at the Presidio dates from World War I, the Marina Flying Field from 1915, and the late 1930s saw development of the Seaplane Harbor at Treasure Island. Ingleside racetrack was also used for aviation purposes in the early part of the twentieth century. Commercial and general aviation ultimately moved to Mills Field in San Mateo County in the 1930s, which originally was temporary as the originally international airport was to be built on Treasure Island.  Crissy Field at the Presidio was the last airport within the city, and ended limited operations in the 1980s.
    1956 - Top Hits
“My Prayer” - The Platters
“Hound Dog/Don’t Be Cruel” - Elvis Presley
“Allegheny Moon” - Patti Page
“I Walk the Line” - Johnny Cash
    1958 - Air Force Academy moved from Denver to its present site in Colorado Springs, Colorado.
    1958 – Birthday of singer/dancer Michael (Joe) Jackson (‘King of Pop’), Gary, Indiana.  Joined the family act, The Jackson Five, in 1964 and started his solo career in 1971.  “I Want You Back,” “ABC,” “The Love You Save,” “ I’ll Be There,” solo: Ben; Grammy Award: Don’t Stop ’Til You Get Enough [1979]; 5 Grammy Awards in 1983: “Thriller,” ”Billie Jean,” “E.T.: The Extra-Terrestrial;” 2 in 1984: ”Beat It”; another in 1985 [w/Lionel Richie]: “We are the World”); 1989 Best Music Video/Short Form Grammy: “Leave Me Alone”; “The Legend,” Award Grammy; “The Girl is Mine”, “Stay, Stay, Stay” [w/Paul McCartney], “I Just Can’t Stop Loving You” [w/Siedah Garrett], Rock with You, Bad, Smooth Criminal, Ease on Down the Road [w/Diana Ross - from Broadway’s The Wiz]; Captain Eo in Epcot Center’s multimedia show; married and divorced Lisa Marie Presley; inducted into Rock and Roll Hall of Fame Mar 19, 2001.  Died from an overdose after cardiac arrest in June 25, 2009.
    1958 - Alan Freed's "Big Beat Show" opens at the Fox Theatre in Brooklyn. The usual venue, The Paramount, is vacated because management didn't like the fact there was a riot after Freed's Boston concert. The opener in Brooklyn brought in $200,000 and those performing included Frankie Avalon, Jimmy Clanton, Bobby Freeman, the Elegants, Bill Haley & the Comets and Chuck Berry.
    1958 - John Lennon and Paul McCartney of a Liverpool band called the Quarrymen, welcome George Harrison to the group.
    1959 - Horace Silver Quintet records “Blowin’ the Blues Away.”
    1960 - Birthday of American composer William Susman, Chicago, IL.
    1962 - Malvin Russell “Mel” Goode of Pittsburgh, PA, became the first African-American to be a television news commentator when he was assigned by WABC-TV to the United Nations staff, New York City.
    1962 - Elvis' tenth movie, “Kid Galahad”, opens in US theaters, featuring the King as an amateur boxer. Charles Bronson also stars.
    1962 - Hackberry, LA, was deluged with twenty-two inches of rain in 24 hours, establishing a state record.
    1964 - Top Hits
“Where Did Our Love Go” - The Supremes
“The House of the Rising Sun” - The Animals
“C’mon and Swim” - Bobby Freeman
“I Guess I’m Crazy” - Jim Reeves
    1964 - Walt Disney's supercalifragilisticexpialidocious "Mary Poppins" released.
    1964 - Roy Orbison’s "Oh, Pretty Woman" was released. It hit number one (for 3 weeks) on September 26th and became the biggest of his career. "Oh, Pretty Woman" was Orbison’s second #1 hit. The other was "Running Scared" (6/05/61).
    1964 - In a clear case of rock and roll being saved by the British Invasion, Billboard magazine notes that guitar sales are the highest they've been since the advent of Elvis Presley.
    1965 – San Francisco Giant Willie Mays breaks former Pirate Ralph Kiner’s record for home runs in the month of August when the 'Say Hey Kid' connects for his 17th round tripper in an 8-3 victory over the Mets.
    1965 - Cool wave brought 2.5 inches of snow to Mt. Washington for an August record. It reached 25 in Vermont, the earliest freeze on record in many locations.
    1965 - The Gemini V spacecraft returns to Earth.
    1966 - The Beatles performed at Candlestick Park in San Francisco, CA. It was the group’s last live appearance before they disbanded in 1970. Also appearing were The Ronettes and the Remains. Ticket purchases by mail were available from KYA, No. 1 Nob Hill Circle, San Francisco
    1966 - The last episode of ABC-TV's musical variety show “Hullabaloo” airs, featuring guest stars Lesley Gore, Paul Anka, Peter and Gordon, and The Cyrkle.
     1967 - Final TV episode of "The Fugitive". The series originally started on September, 1963. Dr. Richard Kimble (David Janssen) was wrongly convicted and sentenced to death for his wife’s murder, but escaped from his captors in a train wreck. This popular program aired for four years detailing Kimble’s search for the one-armed man (Bill Raisch) who had killed his wife, Helen (Diane Brewster).  In the meantime, Kimble himself, was being pursued by Lieutenant Phillip Gerard (Barry Morse). The final episode aired this day in 1967 featured Kimble extracting a confession from the one-armed man as they struggled from the heights of a water tower in a deserted amusement park. That single episode was the highest-rated show ever broadcast until 1975. The TV series generated a hit movie in 1993 with Harrison Ford as Kimble and Oscar-winner Tommy Lee Jones as Gerard. (Feb. 28, 1983: “M*A*S*H”, concluding a run of 255 episodes, this 2 ½ hour finale became the most-watched television show at that time---77 percent of the viewing public was tuned in. “Cheers’” last episode on August 19, 1993 did not beat this rating nor did “Seinfield’s” last on May 14, 1998 nor did my most favorite show, “Mad About You.” on May 24, 1999.
(Helen Hunt and co-star, Paul Reiser, were both given $1,000,000 per episode salaries for the 1999 TV season of "Mad About You".)
    1967 – At a time when they scheduled doubleheaders in Major League Baseball, the Yankees and the Red Sox played the longest in Yankees’ history.  Red Sox take the 1st game 2-1 in 9, Yankees win 2nd game in 20 innings, 4-3, taking a total of 8 hours and 19 minutes.
    1968 - Democratic Party National Convention: Antiwar protesters clashed with police and national guardsmen in the streets outside, and hundreds of people, including innocent bystanders and members of the press, were brutally beaten by Chicago’s finest.
    1968 - Cream and Electric Flag opened at Fillmore West, San Francisco.
    1969 - To compete with Johnny Carson (NBC) and Joey Bishop (ABC), CBS-TV presented Merv Griffin on late-night TV. Johnny ruled -- staying on top for almost 23 years to come.
    1970 – Chicano Moratorium against the Vietnam War was staged in East Los Angeles. Police riot kills three people, including journalist Ruben Salazar.
     .1971 - Hank Aaron became the first baseball player in the National League to drive in 100 or more runs in each of 11 seasons.
    1971 - No. 1 Billboard Pop Hit:  “Uncle Albert/Admiral Halsey,'' Paul & Linda McCartney. McCartney had a real Uncle Albert, who he said would quote the Bible when he got drunk.
    1972 - Top Hits
“Brandy (You’re a Fine Girl)” - Looking Glass
“Alone Again (Naturally)” - Gilbert O’Sullivan
“Long Cool Woman (In a Black Dress)” - The Hollies
“If You Leave Me Tonight I’ll Cry” - Jerry Wallace
    1972 - President Richard Nixon announced that a White House investigation of the Watergate break-in, conducted by White House counsel John Dean, revealed that administration officials were not involved in the burglary.
    1974 - 600 Catholic nuns adopt a resolution calling for the ordination of women priests in the Roman Catholic Church.
    1974 - Moses Malone became the first basketball player to jump from high school to professional basketball, skipping college to sign a contract with the Utah Stars of the ABA.
    1977 - Lou Brock stole the 893rd base of his career, surpassing Ty Cobb’s modern record for career stolen bases. Ricky Henderson in 1982 breaks Brock’s for stealing the most bases in one season with 122.
    1979 - Sheridan Broadcasting Corp purchases Mutual Black Network, making it the first completely Black-owned radio network in the world.
    1980 - Top Hits
“Magic” - Olivia Newton-John
“Sailing” - Christopher Cross
“Take Your Time (Do It Right)” - The S.O.S. Band
“Drivin’ My Life Away” - Eddie Rabbitt
    1981 - The Pretenders "II" LP enters the chart.
    1981 - The soundtrack to the film, "Heavy Metal" enters the album charts. The LP features tracks by Stevie Nicks, Cheap Trick, Devo and Sammy Hagar.
    1982 - No. 1 Billboard Pop Hit:  “Abracadabra,'' Steve Miller Band.
    1984 - Edwin Moses won the 400-meter hurdles in track competition in Europe. It was the track star’s 108th consecutive victory.
    1984 - High temperature at Topeka, KS reaches 110 degrees for the first time since the dust bowl of the 30's.
    1986 - The former "American Bandstand" studio, at the original home of WFIL-TV in Philadelphia, PA, was placed on the National Register of Historic Places. The studio is located at 4548 Market Street.
    1987 - Los Lobos' remake of Ritchie Valens' 1959 classic, "La Bamba" hits #1 on the pop singles chart and stays there for three weeks.
    1987 – Nolan Ryan passes the 200 strikeout mark in a season for a record eleventh time.
    1987 - Some of the most powerful thunderstorms in several years developed over the piedmont of North Carolina, and marched across central sections of the state during the late afternoon and evening hours. Baseball size hail was reported around Albemarle, while thunderstorm winds downed giant trees around High Falls.
   1988 - Cool air invaded the north central U.S. Ten cities reported record low temperatures for the date, including Bismarck, ND with a reading of 33 degrees. Deerfield, a small town in the Black Hills of South Dakota, reported a low of 23 degrees. The remnants of Tropical Storm Chris drenched eastern Pennsylvania with up to five and a half inches of rain, and produced high winds which gusted to 90 mph, severely damaging a hundred boats in Anne Arundel County, MD.
    1988 - Top Hits
“Monkey” - George Michael
“I Don’t Wanna to Go on with You like That” - Elton John
“I Don’t Wanna Live Without Your Love” - Chicago
“The Wanderer” - Eddie Rabbitt
    1989 - In a special election, Ileana Rose Lehtinen (R-FL) becomes the first Cuban-American elected to the U.S. Congress.
    1990 - Saddam Hussein declares America can't beat Iraq. By the end of 1990, 580,000 Iraqi troops were believed to be in Kuwait or southern Iraq. Facing them were 485,000 troops of 17 allied countries. Earlier, on August 10 at a meeting in Cairo, only 12 of the 21 member nations of the Arab League voted to support American troops.
    1991 - The Soviet Communist Party suspended parliament, thus ending a 75-year control of the USSR. Democratic change was sought and the struggle still continues today, perhaps ending the hunt in the United States to “halt” communism. Capitalism won out but we must wait to see what President Putin has in mind for the second coming of the USSR.
    1992 – Guns 'n' Roses’ "November Rain" peaks at #3 on the pop singles chart.
    1994 - Viacom Inc. announced the purchase of Blockbuster Entertainment Corp., the video rental store giant, for $8 billion.
      1998 - Top Hits
“I Don’t Want To Miss A Thing”- Aerosmith
“The First Night”- Monica
“Crush”- Jennifer Paige
“My Way”- Usher
    2002 - To show their displeasure about tomorrow's impending strike, fans at Devil Ray-Angel game begin throwing foul balls back onto the field at Edison Field and over 100 people are ejected for throwing trash. New words are added to the traditional seventh-inning rendition of "Take Me Out to the Ballgame" as many of the fans in attendance begin to chant, "Don't strike! Don't strike! Don't strike!"
    2005 - Hurricane Katrina made landfall in Plaquemines Parish in southeastern Louisiana early on the 29th with maximum sustained winds near 125 mph, a strong category-three, and the third most-intense land-falling hurricane in U.S. history. The center of the hurricane passed just east of New Orleans, where winds gusted over 100 mph. Widespread devastation and unprecedented flooding occurred, submerging at least 80 percent of the city as levees failed. Farther east, powerful winds and a devastating storm surge of 20-30 feet raked the Mississippi coastline, including Gulfport and Biloxi, where Gulf of Mexico floodwaters spread several miles inland. Rainfall amounts of 8-10 inches were common along and to the east of the storm's path. Katrina weakened to a tropical storm as it tracked northward through Mississippi and gradually lost its identity as it moved into the Tennessee Valley on the 30th.
    2005 – Rock ‘n’ roll pioneer Fats Domino, 77, is rescued from his Ninth Ward home in New Orleans after the devastation of Hurricane Katrina.
    2007 - Six US cruise missiles armed with nuclear warheads are flown without proper authorization from Minot AFB, North Dakota, to Barksdale AFB, Bossier City, LA.
    2009 - A 1970 interview with John Lennon, in which he revealed some of the reasons that The Beatles split, appeared in Rolling Stone magazine. John said that his band mates disrespected and "insulted" his wife, Yoko Ono, adding, "They despised her... It seemed I had to be happily married to them or Yoko, and I chose Yoko." He also took a shot at his former songwriting partner, saying "We got fed up with being sidemen for Paul."
    2013 - The first federal health study reporting on the use of sleeping pills reveals that 8.6 million Americans take prescription sleeping pills.



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