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Friday, July 28, 2017
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Reaction to Weiss letter
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Reaction to Weiss letter
Several reader commented on a letter Paul Weiss wrote (letter included below), and here are a few of the responses.
I thought it was a beautiful story and it hit pretty close to home. If Paul would like it published on LeasingNews I think it would be well received and appreciated by your audience.
I lost my mom (my best friend) a year and a half ago to glioblastoma. We only had 60 days from diagnosis to her passing. That day was and always will be the worse day of my life. I spend every day trying to figure out how to live ‘different’. Sometimes just taking a moment to listen to others talk about their loss not only helps that person but it can help you too. None of us are alone in this.
Thank you Paul. Thinking about you and your loved ones. Godspeed.
Paul - I can see that Linnea lives on in your heart. I hardly know what words of mine could bring you comfort right now as I'm sure your pain is so real right now. I did not know her and would have loved to from what you have described about her. I will be sure to pet my kitties more and tell my husband and children every day how much I love them. Life is so precious. I learned a few years ago when I was battling my own cancer just how difficult it was for my own husband to be my caregiver as I lay in bed for 7 months trying to fight the good fight. I was one of the lucky ones to have beat this disease, but in that journey I learned to appreciate all of those who supported me and cared for me during that awful time. I know it was not easy for them and it was definitely not easy for you Paul. Yes her suffering is over my friend, but you can hopefully hang on to all the wonderful memories you and Linnea shared. I am praying for you and asking God to heal your pain at this time.
Rosanne Wilson, CLFP, BPB
I emailed Paul directly. There are times when human interest stories are appropriate.
I do not know Paul or his wife Linnea but I can feel for him and understand
Paul I really understand you and it sounds like you and your wife had
My wife died of cancer as well as had many close friends who have died
(from July 25 edition)
Paul Weiss, former long time Leasing News Advisor, President of Icon Capital, still active in equipment finance and leasing sent the below email to me late last week
"I wanted to share this which I wrote on Thursday. Many have said I should I sent it out more widely and also ask people to send it onward. I doubt it's worthy of that but I thought you should now the end of this story on my side.
Sometimes in Leasing News you divert in to topics like this. If it is worthy or beneficial to anyone, of course it is an honor to imagine these words will be read by others."
Leasing New is publishing this with the permission of Paul Weiss. He said, "It's more whether there is a message that makes people think. I hope so." - Editor
Linnea lost her fight with disease last night in the early evening. Most of you had the chance to see her spirit and good humor at its peak, others reading this email knew her indirectly but took a role in supporting me during all of this so I chose to include you in this last statement. While her health struggles were increasingly limiting her, this spirit and humor of hers were evident until yesterday. She was in bed and immobilized all day and not comfortable. The day dragged on with no particular alarms sounding... I had a 5pm meeting with our agencies to review our staffing needs for the next two weeks. (Of course this means we anticipated needing staff for at least that long.) After the meeting wrapped up in our kitchen, I learned she was warm, we measured a fever of 103. My daughter Jessica and I and an experienced aide reacted the various ways people do for a fever. But, my goodness, within an hour her journey was over.
I have often repeated something in the last 22 months that I will state again now. I have said it under the guise of comforting others coming to terms with Linnea's unimaginable news. In truth (I realize now) is that I said it only to comfort myself. Specifically: our dreams came true. Our house was filled with love and laughter and what we saw as beauty and prosperity and safety and comfort. I told many people that I was the wealthiest man in the world. How many people can say this, how many people can take the unlikely journey we took and not regret any decisions including the decision to just be together come what may.
I need not speak to her epic relationship with our daughters. You either already know or can imagine. You will likely ask how they are they doing. Of course they are shattered. Tossed on top of this news is the scorching twist that we were guided toward an expectation of time remaining and yet Linnea had other ideas. In my mind she somehow knew the next few weeks would be so brutal on us all here that she needed to set us free. We didn't want to be free my dear, but it was time for your suffering to end it's true.
There are lessons from her life and our journey and all I can think to do this early morning after is state them as clearly and emphatically as I can. It is something you know already, which is why you are people we chose to include in our lives year after year. We need to love each other, and we are rewarded exponentially for the love we invest. Your spouse or your kids, your congressperson (blue or red who cares) or your supermarket cashier. Care, smile and laugh, lean in. In addition to those of you reading my words today, there are so many others I hope to talk to about this... the guys who delivered our dry cleaning, the nice lady whose line we always picked at woodland market, our lawnmower, scores of teachers, neighborhood dog owners we chatted with for years and never were properly introduced. Together Linnea and I leaned in. We waved, we smiled, we engaged, we cared. Often I made a smart alecky or offbeat remark to a stranger, a waiter, an acquaintance, or a friend... often she laughed but also apologized for my sarcasm/weirdness. She said, more than any other line in our 36 year relationship, a simple 3 word phrase... no not "I love you" but "he's just kidding". Don't fret, plenty of I love yous too. So here is what made our life and her presence so nice: She loved she cared she leaned in. I hope you will keep doing so too.
Another comment while I have the right to comment, and then I will go. I read about caregiving, I planned and invested and rearranged and changed and contemplated and optimized like it was a new business venture. I knew it would be hard and I was going to lean in to that too, no matter what it cost in time or money or what I will call life capital. No matter the collateral damage or consequences I had one job. The comment I want to make is: there is no way to describe how hard it is, there is no way for an outsider to process what a caregiver goes through. What could be so hard about brushing someone's teeth and finding good TV and taking notes at the doctor and running over to the pharmacy? The greatest honor of my life outside of raising my children has been to try to be good at this for Linnea. And yes yes yes it was sooo effing hard. I mention this because if you know of a caregiver now or meet one later, you wouldn't be wrong to assume they are carrying something of tremendous weight and the shape and slipperiness of the load is unique to them and invisible to you. The best support I got had nothing to do with ideas about doing my errands or food offerings. A caregiver has already found the bandwidth or resources to get errands done and to eat. Ask if they are holding up ok. That's it. Are you holding up ok? Then a few days later ask again. Then again. It was these overtures that kept me from dying while caring for a person who was dying. But mostly, she needed me so I gladly did my best. But those text messages really mattered.
Direct TV Lands in Dispute Over Arbitration Clause
by Tom McCurnin
TV Provider Leases Service to Businesses, But Business Are Contractually Prohibited From Displaying the Video Commercially
Here’s a puzzle I don’t understand. Direct TV markets video services to commercial entities, businesses. Once the businesses start the subscription service, the businesses are informed that they cannot use the service to display the video in a commercial context, e.g., to their customers. What did Direct TV expect, that the owner of a bar would only subscribe to watch the television in his office? This makes no sense. After “discovering” that the business leasing the service was using it for a business purpose, Direct TV threatened litigation and demanded a settlement.
Putting aside these ridiculous lease terms and the actions of Direct TV, which are not germane to the case, the issue in this leasing case is an arbitration clause. Normally, such clauses are clear, and self-contained. Here, the arbitration clause referred the reader to another document, which may or may not have existed at the time the video service was leased.
The lessee sued, and the lessor moved to compel arbitration. A federal district court judge ruled that the arbitration clause was not specific enough and denied the motion, the court ruling that the arbitration clause must be “the reference must be clear and unequivocal.” The lease was negotiated in Spanish, and signed in English and the lessee never received a copy of the second agreement, which supposedly had the arbitration clause.
What are the takeaways here?
• First, Multiple Schedules Mean Multiple Chances to Make a Mistake. I’m never a fan of having leases with multiple schedules, parts or addendums which are supposedly given the lessee. A standalone agreement is easier to prove.
• Second, English as a Second Language Lessees Present Enforcement Issues. This is not to say that lessors should never lease to a Hispanic person. What this case stands for is the “pebbles on a pile” concept. The lease was negotiated in a different language, the terms of the lease were separated into several documents, the terms were inconsistent, and apparently overreaching. While the court mentions the foreign language as a factor, I think the bad conduct of Direct TV and the poor documentation were bigger issues.
The bottom line to this case is that the combination of the lessor’s ridiculous conduct in extracting settlements from businesses which use Direct TV at their business colored the whole case. The multiple documents which were not clear and may not have been distributed to the lessee became the legal reason for denying arbitration. Keep your documents simple and easy to understand.
Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.
Previous Tom McCurnin Articles:
#### Press Release ######
2017 Elfa Software Guide Helps
Washington, D.C. – In order to compete in today’s rapidly changing world, equipment finance firms are innovating their business processes and recognizing the value of investing in technology upgrades, according to the 2017 Software Guide released today by the Equipment Leasing and Finance Association. The 2017 Software Guide highlights the leading software solutions for the industry and outlines some key technology trends for equipment finance companies in 2017, adapted from the association’s Business Technology Performance Index.
Trends highlighted in the 2017 Software Guide include:
The Software Guide also includes a Quick Quiz: How do you know when it’s time to upgrade your IT systems?
Visit the ELFA website to access the full 2017 ELFA Software Guide:
Learn more about technology and the equipment finance industry at the 2017 ELFA Operations & Technology Conference, Sept. 11-13 at the Westin Charlotte in Charlotte, North Carolina. See details at www.elfaonline.org/events/2017/OT.
#### Press Release ######
Starbucks to Shutter All 379 Teavana Stores
By Danny Klein QRS Magazine
Starbucks announced Thursday it will shutter all 379 Teavana retail stores over the coming year, with the majority being closed by spring 2018.
The news won’t come as a surprise to many, especially after Starbucks CEO and president Kevin Johnson admitted the company “launched a review process … to take clear action to improve the performance of our Teavana mall store portfolio,” in April. The rate of decline at retail stores struggled through the holiday season and was worse through the second quarter than Starbucks forecasted. Scott Maw, executive vice president and chief financial officer, said at the time that Starbucks expected further declines at a number of “at-risk Teavana mall stores.”
The move will affect roughly 3,300 employees. Starbucks said in a statement that those employees will receive opportunities to apply for positions at Starbucks stores, and that the company remains on track to create 240,000 new jobs globally and 68,000 in the U.S. over the next five years.
When it was announced, Starbucks’ 2012 acquisition of Teavana for $620 million was the largest in company history. The product remains popular in stores, especially overseas in Japan and China, where sales ballooned 40 percent in the second quarter. Starbucks has no plans to take Teavana off its shelves.
“As reported on the Q2 call, many of the company’s principally mall-based Teavana retail stores have been persistently underperforming. Following a strategic review of the Teavana store business, the company concluded that despite efforts to reverse the trend through creative merchandising and new store designs, the underperformance was likely to continue,” Starbucks said in a statement.
The news was part of Starbucks’ highly anticipated third-quarter earnings release Thursday afternoon. Overall, the chain met Wall Street expectations in earnings per share and missed in revenue.
Net income fell to $691.6 million (47 cents per share), down from $754.1 million (51 cents per share) in the prior year quarter. Total revenue was $5.66 billion—a record for the company—but still under the predicated $5.76 billion.
Global comparable-store sales increased 4 percent and America’s comp-store sales grew 5 percent, driven by a 5 percent boost in average ticket.
U.S. average ticket was up 4 percent and transactions increased 1 percent after adjusting for the estimated impact of order consolidation following the shift in the Starbucks Rewards loyalty program from a frequency based to spend-based model in Q3 fiscal 2016, the company said.
Frequency of customer visits was flat year-over-year.
“Starbucks leveraged food and beverage innovation, an elevated in-store experience and personalized digital connections to our customers to deliver another quarter of record financial and operating performance, despite the softness impacting our principal sectors overall,” Johnson said in a statement. “Continued focus on execution against our strategic priorities enabled us to gain share and positions us well for the future.”
Comparable sales also grew 7 percent in China.
Starbucks opened 575 net new stores globally in the third quarter, bringing the total count to 26,736 across 75 countries. Starbucks Rewards membership increased 8 percent year-over-year to 13.3 million active members. Business from the Rewards program represented 36 percent of U.S. company-operated sales and mobile payment grew to 30 percent of transactions. Mobile order and pay was up to 9 percent of transactions.
"Starbucks once again reported record operating and financial performance in Q3—reflecting the back-half acceleration we've been anticipating," Maw said in a statement. "Nonetheless, despite posting record performance in Q3 and further extending our lead compared to the industry overall, the combination of trends in the quarter and ongoing macro pressures impacting the retail and restaurant sectors has us a bit more cautious going into Q4."
Starbucks’ stock fluctuated on the market Thursday. One boon came from its early day announcement that it was consolidating its business operations across Mainland China. The company said it was acquiring 50 percent of Shanghai Starbucks Coffee Corporation from JV partners Uni-President Enterprises Corporation and President Chain Store Corporation. The move represented Starbucks’ single largest acquisition in history—at around $1.3 billion in cash consideration.
King of Social Media
#### Press Release ######
June New Business Volume Down 2 Percent Year-over-year, Up 27 Percent Month-to-month, Up 5 Percent Year-to-date
Washington, DC, July 26, 2017—The Equipment Leasing and Finance Association’s (ELFA) Monthly Leasing and Finance Index (MLFI-25), which reports economic activity from 25 companies representing a cross section of the $1 trillion equipment finance sector, showed their overall new business volume for June was $9.8 billion, down 2 percent year-over-year from new business volume in June 2016. Volume was up 27 percent month-to-month from $7.7 billion in May. Year to date, cumulative new business volume was up 5 percent compared to 2016.
Receivables over 30 days were 1.30 percent, down from 1.40 percent the previous month and down from 1.40 percent in the same period in 2016. Charge-offs were 0.38 percent, down from 0.47 percent the previous month, and down from 0.65 percent in the year-earlier period.
Credit approvals totaled 75.9 percent in June, down from 77 percent in May. Total headcount for equipment finance companies was up 16.6 percent year over year, largely attributable to continued acquisition activity at an MLFI reporting company.
Separately, the Equipment Leasing & Finance Foundation’s Monthly Confidence Index (MCI-EFI) for July is 63.5, steady with the two previous months.
ELFA President and CEO Ralph Petta said, “Industry volume strengthened in the second quarter, building on strong capex investment in the prior quarter. Business owners are taking advantage of low interest rates, favorable employment data, an equity market that continues to defy gravity, and other solid fundamentals to replace aging assets and, in some cases, expand operations, requiring installation of new equipment. And, despite scattered reports of rising delinquencies and charge offs, credit markets continue to perform well. The wild card is whether markets will continue to grow despite gridlock in Washington, D.C., and other headwinds or eventually pull back as a result.”
David Gilmore, Senior Vice President, Global Marketing and Sales, John Deere Financial, said, “Customer confidence in our key market segments (agricultural and construction) showed signs of improvement through the second quarter. Stabilization of agricultural commodity prices and rationalization of previously high levels of excess used equipment allowed customers to invest in newer technology and selectively update their fleets. Rental utilization, a key indicator of U.S. construction market strength, is moving in a positive direction as construction investment in residential, commercial and institutional sectors offset slow oil/gas and government sector growth. Long-term clarity around trade and tax policy could solidify short-term positive market trends.”
About the ELFA’s MLFI-25
The MLFI-25 is the only index that reflects capex, or the volume of commercial equipment financed in the U.S. The MLFI-25 is released globally at 8 a.m. Eastern time from Washington, D.C., each month on the day before the U.S. Department of Commerce releases the durable goods report. The MLFI-25 is a financial indicator that complements the durable goods report and other economic indexes, including the Institute for Supply Management Index, which reports economic activity in the manufacturing sector. Together with the MLFI-25 these reports provide a complete view of the status of productive assets in the U.S. economy: equipment produced, acquired and financed.
The MLFI-25 is a time series that reflects two years of business activity for the 25 companies currently participating in the survey. The latest MLFI-25, including methodology and participants, is available at www.elfaonline.org/Data/MLFI/.
The MLFI-25 is a barometer of the trends in U.S. capital equipment investment. Five components are included in the survey: new business volume (originations), aging of receivables, charge-offs, credit approval ratios, (approved vs. submitted) and headcount for the equipment finance business.
The MLFI-25 measures monthly commercial equipment lease and loan activity as reported by participating ELFA member equipment finance companies representing a cross section of the equipment finance sector, including small ticket, middle-market, large ticket, bank, captive and independent leasing and finance companies. Based on hard survey data, the responses mirror the economic activity of the broader equipment finance sector and current business conditions nationally.
#### Press Release ######
Robust action (“War for the Planet of the Apes”) and analytical cinephilia (“My Journey Through French Cinema”) make for a contrasting double-bill at the box-office, while new DVDs offer kaleidoscopic romance (“Song to Song”), a sublime journey (“Stalker”), and a master’s twilight comedy-drama (“Good Morning”).
War for the Planet of the Apes (Twentieth Century Fox): The conflict between apes and humans continues to rise in the vivid new installment of the successful science-fiction franchise. Returning to a future in which genetically enhanced, intelligent apes clash with their previous masters, the story finds chimpanzee Caesar (played by Andy Serkis) leading his tribe into battle against the forces of ruthless Colonel McCullough (Woody Harrelson). In the aftermath, he’s faced with vengeful dilemmas and decisions, leading to what may be the decisive confrontation for control of the planet. Director Matt Reeves (“Let Me In”) keeps the pace quick and the set pieces rousing, and the film also manages to go beyond the limits of blockbuster action and into a surprisingly complex and thoughtful study of myth and revolution.
My Journey Through French Cinema (Cohen Media Group): Intelligent, erudite and passionate, veteran French director Bertrand Tavernier (“Coup de Torchon”) proves to be the ideal guide for this sprawling documentary on his country’s more overlooked cinematic masters. Like fellow cinephile Martin Scorsese, Tavernier’s approach is intensely personal, showing how growing up with the movies shaped his own artistic personality. Here, he touches on famous directors like Jean Renoir and Marcel Carné, while shining a light on lesser-known luminaires as Jacques Becker and Claude Sautet. Brimming with anecdotes and film clips, Tavernier’s picture is a treasure trove of screen gems and graceful revelations. For anybody familiar with French cinema, this is a veritable banquet. For anybody just starting to discover it, there’s no better introduction. With subtitles.
Song to Song (Broad Green Pictures): Once a reclusive enigma, director Terence Malick (“The New World”) has enjoyed an invigorating late-career renaissance, serving up one challenging and absorbing cinematic effort after another. Set in the music scene of Austin, Texas, his latest is a characteristically vertiginous study of longing and betrayal, chronicling the romantic ups and downs of two couples. There’s BV (Ryan Gosling) and Faye (Rooney Mara), young songwriters whose love is intertwined with their professional disappointments. And then there’s Cook (Michael Fassbender), a ruthless rock ‘n’ roll impresario whose tenderness toward a waitress named Rhonda (Natalie Portman) is contrasted with his callous behavior toward BV and Faye. Though the plot may sound like a typical relationship drama, this ravishing film borders on the experimental, thanks to Malick’s kaleidoscopic, heartfelt vision.
Stalker (Criterion): As evidenced in his classic mindbender “Solaris,” Russian director Andrei Tarkovsky has his own unique way with science-fiction stories. The same goes for this 1979 masterpiece, which offers a post-apocalyptic vision unlike any ever made and is getting an overdue Criterion release. Set in the bleak, futuristic wasteland known as The Zone, the plot charts the journey of the eponymous guide (Aleksandr Kajdanovsky) as he fights to ward off despair. Accompanied by a novelist (Anatoliy Solonitsyn) and a professor (Nikolay Grinko), the Stalker searches for a mythical room which supposedly grants the wishes of every visitor. But can they survive long enough to reach it? Using the genre to craft an existential fable of human desolation and yearning, Tarkovsky offers a challenging, visually sublime and ultimately unforgettable trip. With subtitles.
Good Morning (Criterion): Today cherished as one of the greatest directors of all time, Japanese master Yasujiro Ozu (“Tokyo Story”) was always fascinated by the subtle humanistic details of family life. One of his last works, this 1959 comedy-drama has many of the hallmarks of his more famous films, mingling a twilight melancholy with a streak of mischievous humor. The tiny protagonists are a pair of teenage brothers, Minoru (Koji Shitara) and Isamu (Masahiko Shimazu), who are determined to get a television set for their home. This creates tension in the household, particularly as their parents worry about their social status within their community. Though dealing with heavy themes such as the gulf between generations and the modernization of a nation, Ozu’s treatment is light, airy and, as always, wise. With subtitles.
"This sweet guy is sure to steal your heart! Just a bit unsure of himself in the shelter environment, Buddy can't wait to meet a gentle family to call his own. Buddy is sensitive to loud sounds such as thunder and fireworks and will require a family committed to helping him feel safe and secure during those events. Buddy is most at ease in the presence of another dog and would likely be most successful in a home with another dog."
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This Day in American History
1746 - Thomas Heyward’s (d. 1809) birthday, in St. Luke’s Parish, SC. He was elected to the Continental Congress in 1775 as a representative of his home state and he was a soldier in the Revolution. A signer of the Declaration of Independence. He was captured by the British in 1778 and imprisoned in Philadelphia. http://virtualology.com/thomasheyward.com/
1777 - Vermont enacted the first universal voting rights to freemen without restriction as to property or wealth. The state constitution adopted at a general convention at Windsor, VT., permitted all freemen who were natural-born citizens over 21 years of age to elect officers and to be elected to office.
1819 - A small but intense hurricane passed over Bay Saint Louis, MS. The hurricane was considered the worst in fifty years. Few houses were left standing either at Bay Saint Louis or at Pass Christian, and much of the Mississippi coast was desolate following the storm. A U.S. cutter was lost along with its thirty-nine crew members. The storm struck the same area that was hit 150 years later by Hurricane Camille.
1841 - Forces from the national bank movement received a glimmer of hope as the Senate narrowly passed the Fiscal Bank Bill. An initiative of the embattled Whig party, this bill called for the creation of the Fiscal Bank of the United States, a federal financial institution to be located in the District of Columbia. The bank's starchy name barely disguised the ideological intent of its inventors: the Whigs sought nothing less than the revival of the Second Bank of the United States, the ill-fated institution that Andrew Jackson had putatively killed in the name of states' rights earlier in the 1830s. The bill to establish a Fiscal Bank of the U.S. was introduced and approved in the Senate and by the House on August 6. For a brief spell during the summer of 1841, it looked as though the Whigs would have their day; however, despite the Fiscal Bank Bill passing through the House in early August, the legislation--and its Whig advocates--was doomed to failure. On August 16, President John Tyler, a staunch state supporter, announced that he was vetoing the bill. The legislation bounced back to the Senate, but the Whigs failed to marshal sufficient support to override Tyler's veto. The Whig leadership was enraged by Tyler’s veto. They believed Tyler had agreed to sign the bill and that he had reneged on a promise
1854 – USS Constellation, the last all-sail warship built by the US Navy, is commissioned. It has been moored in Baltimore’s Inner Harbor since 1963. In 1994, Constellation was condemned as an unsafe vessel. She was towed to a dry-dock at Ft. McHenry in 1996, and her $9 million restoration project was completed in July, 1999. On 26 October 2004, Constellation made her first trip out of Baltimore's Inner Harbor since 1955. The trip to the Naval Academy in Annapolis lasted six days, and it marked her first trip to Annapolis in 111 years.
1857 – Birthday of Ballington Booth (d. 1940), English-American activist, co-founded Volunteers of America, in Brighthouse, England. He was the second son of William and Catherine Booth, founders of The Salvation Army in 1878.
1858 - Four British and American ships spliced a telegraph cable together, and then set sail for home the following day. The cable was laid out until the ships reached Ireland and Newfoundland. The cable, which stretched more than 1,950 miles and was laid as deep as two miles under the ocean in some places, established transatlantic telegraph communication. An initial message was exchanged by President James Buchanan and Queen Victoria in August. However, the cable's weak signal was insufficient for regular communication and service ended on September 1.
1864 - Confederates under General John Bell Hood make a third attempt to break General William T. Sherman's hold on Atlanta. Like the first two, this attack failed, destroying the Confederate Army of Tennessee's offensive capabilities. Hood had replaced Joseph Johnston as commander of the Army of Tennessee on July 18, 1864, because Johnston had failed to keep Sherman away from Atlanta. Upon assuming command of the army, Hood quickly scrapped Johnston's defensive strategy and attacked Sherman, first on July 20 at Peachtree Creek, and then on July 22 at the Battle of Atlanta. Both failed, but that did not deter Hood from making another attempt to break the Union hold on the important Southern city. When Sherman sent General Oliver O. Howard southeast of Atlanta to cut the Macon and Western Railroad, one of the remaining supply lines, Hood sent Stephen D. Lee's corps to block the move. Lee attacked at Ezra Church, but the battle did not go as planned for the Confederates. Instead of striking the Union flank, Lee's corps hit the Union center, where the Yankee troops were positioned behind barricades made from logs and pews taken from the church. Throughout the afternoon, Lee made several attacks on the Union lines. Each was turned back, and Lee was not able to get around the Union flank. The battle was costly for an army that was already outnumbered. Lee lost 3,000 men to the Union's 630. More important, Hood lost his offensive capability. For the next month, he could do no more than sit in trenches around Atlanta and wait for Sherman to deal him the knockout blow.
1866 – Beatrix Potter (d. 19430, the author of “The Tale of Peter Rabbit,” was born in Kensington, England.
1868 – The 14th amendment to the Constitution is ratified and former slaves become United States citizens. The amendment extends citizenship to “all persons born or naturalized in the United States including former slaves recently emancipated by the 13th Amendment. It also ensures that no state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
1868 - Pres. Johnson signed the Burlingame Treaty. It was negotiated by Anson Burlingame, who represented the interests of China, and committed the US to a policy of noninterference in Chinese affairs. It also established commercial ties and provided unrestricted immigration of Chinese to the US.
1896 - The city of Miami, Florida was incorporated.
1900 - Louis Lassen of Louis' Lunch in New Haven, Conn., reportedly created the hamburger sandwich when he tossed a grilled beef patty between two slices of white bread for a customer in a hurry.
1901 - Birthday of Rudy Valle (d. 1986) was born Hubert Prior Vallee, at Island Pond, VT. American singer, saxophone player and radio idol of millions during the 1930s. The crooner used a megaphone to amplify his voice and introduced his performances with the salutation, "Heigh-ho-everybody!" Vallee appeared in a number of movies, including “How to Succeed in Business Without Really Trying.” Among his best-remembered songs are "I'm Just a Vagabond Lover," "Cheerful Little Earful," "Say It Isn't So" and his signature song, "My Time Is Your Time."
1891 - Birthday of blues singer Mary McBride, Algiers, LA
1903 - The Saint Luke Penny Savings Bank, Richmond, VA, was founded by the first female bank president, Maggie Lena Walker, the daughter of an African-American salve. It had a paid-in capital of $25,000. The first day’s deposits exceeded $8,000. The bank later became the Consolidated Bank and Trust Company. She died December 15, 1934.
1904 - Birthday of Ikey “Banjo” Robinson (d. 1990), Dublin VA.
1907 - Birthday of Leon Prima (d. 1985), trumpeter, New Orleans. Older brother of Louis Prima who was also a trumpeter and band leader. Leon ran several Bourbon Street night spots, including the Shim Sham Club (229 Bourbon) and the 500 Club (whose house band was led by Sam Butera before Sam headed to Las Vegas to join Louis Prima's band in 1954) http://www.lib.umd.edu/LAB/JERRYLEE/bands/fi/00000032.html
1907 – Birthday of Earl Tupper (d. 1983) in Berlin, NH. Founder of Tupperware. Using black, inflexible pieces of polyethylene slag, a waste product of an oil refining process given to him by his supervisor at DuPont Chemical Company, Tupper purified the slag and molded it to create lightweight, non-breakable containers, cups, bowls, plates, and even gas masks that were used in World War II. He later designed liquid-proof, airtight lids, inspired by the secure seal of paint can lids. Tupper founded the Tupperware Plastics Company in 1938 and, in 1946, introduced Tupper Plastics to hardware and department stores. Around 1948, he joined forces with Brownie Wise, who caught his attention after she made a lengthy phone call to his office during which she explained her extraordinary success selling Tupperware via home parties. Based on a marketing strategy developed by Wise, Tupperware was withdrawn from sale in retail stores in the early 1950s and Tupperware "parties" soon became popular in homes. This was the first instance of "party-plan" marketing.
1914 - World War I beings. Archduke Francis Ferdinand of Austria-Hungary and his wife were assassinated at Sarajevo, Bosnia, by a Serbian nationalist, touching off the conflict that became World War I. Austria-Hungary declared war on Serbia on July 28, the formal beginning of the war. Within weeks, Germany entered the war on the side of Austria-Hungary and Russia, France and Great Britain on the side of Serbia.
1915 - US forces invaded Haiti and stayed until 1924.
1918 - MANNING, SIDNEY E., Medal of Honor.
Rank and organization: Corporal, U.S. Army Company G, 167th Infantry, 42d Division. Place and date: Near Breuvannes, France, 28 July 1918. Entering service at: Flomaton, Ala. Born: 17 July 1892, Butler County, Ala. G.O. No.: 44, W.D., 1919. Citation: When his platoon commander and platoon sergeant had both become casualties soon after the beginning of an assault on strongly fortified heights overlooking the Ourcq River, Cpl. Manning took command of his platoon, which was near the center of the attacking line. Though himself severely wounded, he led forward the 35 men remaining in the platoon and finally succeeded in gaining a foothold on the enemy's position, during which time he had received more wounds and all but 7 of his men had fallen. Directing the consolidation of the position, he held off a large body of the enemy only 50 yards away by fire from his automatic rifle. He declined to take cover until his line had been entirely consolidated with the line of the platoon on the front when he dragged himself to shelter, suffering from 9 wounds in all parts of the body.
1924 - Birthday of tenor sax player Corky Corcoran (d. 1979), Tacoma, WA.
1929 - Birthday of Jacqueline Bouvier Kennedy Onassis (d. 1994), former US First Lady, at Southampton, NY. She studied at Vassar, the Sorbonne, and George Washington University before marrying Senator John Kennedy.
She was basically a shy and retiring person who was hounded by the paparazzi. She was particularly admired for her dignified elegance and cool composure after the assassination (Nov. 22, 1963) of her husband who had been elected President in 1960. She became a working editor for a major publishing company and raised her two children in NYC, away from the public eye and without from scandal. She is buried next to JFK and her first son at Arlington National Cemetery. (lower half of: http://memory.loc.gov/ammem/today/jul28.html )
1930 - 114ø F (46ø C), Greensburg, Kentucky (state record)
1931 - The White Sox belted an AL record 12 hits in the 8th inning against the Yankees. They scored 11 runs as Bob Fothergill homered and tripled to win, 14 - 12.
1932 - Some 15,000 unemployed veterans of World War I marched on Washington, DC, in the summer of 1932, demanding payment of a war bonus. After two months' encampment in Washington's Anacostia Flats, eviction of the bonus marchers by the US Army was ordered by President Herbert Hoover. Under the leadership of General Douglas MacArthur, Major Dwight D. Eisenhower and Major George S. Patton, Jr (among others), cavalry, tanks and infantry attacked. Fixed bayonets, tear gas and the burning of the veterans' tents hastened the end of the confrontation. One death was reported.
1933 - The first singing telegram, said to have been delivered to singer Rudy Vallee on his 32nd birthday. Early singing telegrams often were delivered in person by uniformed messengers on bicycle. Later they were usually sung over the telephone.
1934 - 118ø F (48ø C), Orofino, Idaho (state record)
1935 – First flight of the Boeing B-17 bomber, named The Flying Fortress. The B-17 was primarily employed by the US Army Air Forces (USAAF) in the daylight strategic Bombing campaign of World War II against German industrial and military targets. The United States Eighth Air Force, based at many airfields in central and southern England, and the Fifteenth Air Force, based in Italy, complemented the nighttime area bombing to help secure air superiority over the cities, factories and battlefields of Western Europe in preparation for invasion of France in 1944. The B-17 also participated to a lesser extent in the Pacific, early in World War II, where it conducted raids against Japanese shipping and airfields.
1936 - Birthday of bassist Jim Hughart at Minneapolis, MN
1938 - For the second consecutive day, Hank Greenberg hits two homers in one day. The Tiger first baseman will hit two home runs in the same game a record setting eleven times during the season.
1938 - The first loss of an airliner in trans-Pacific China Clipper service occurred when Hawaii Clipper was lost between Guam and Manila.
1939 - Accompanied by the Victor Young Orchestra, Judy Garland sang one of the most famous songs of the 20th century. The song "Over the Rainbow," music by Harold Arlen and lyrics by Yip Harburg, and recorded for Decca Records, became Garland's signature tune and will forever be linked with the singing actress. For those who don't know, "Rainbow" was featured as the musical highlight of the hit movie, "The Wizard of Oz." The song is number one on the "Songs of the Century" list compiled by the recording Industry Association of America and the National Endowment for the Arts. The American Film Institute also ranked "Over the Rainbow" the greatest movie song of all time on the list of "AFI’s 100 Years…100 Songs."
1941 - Judy Garland, 19, married composer David Rose, 31, in Las Vegas on this date. It was Garland's first marriage.
1943 - Birthday of William Warren “Bill” Bradley, former US senator, presidential candidate, and Basketball Hall of Fame forward from the New York Knicks, at Crystal City, MO.
1943 - MORGAN, JOHN C. (Air Mission), Medal of Honor.
Rank and organization: Second Lieutenant, U.S. Army Air Corps, 326th Bomber Squadron, 92d Bomber Group. Place and date: Over Europe, 28 July 1943. Entered service at: London, England. Born: 24 August 1914, Vernon, Tex. G.O. No.: 85, 17 December 1943. Citation: For conspicuous gallantry and intrepidity above and beyond the call of duty, while participating on a bombing mission over enemy-occupied continental Europe, 28 July 1943. Prior to reaching the German coast on the way to the target, the B17 airplane in which 2d Lt. Morgan was serving as copilot was attacked by a large force of enemy fighters, during which the oxygen system to the tail, waist, and radio gun positions was knocked out. A frontal attack placed a cannon shell through the windshield, totally shattering it, and the pilot's skull was split open by a .303 caliber shell, leaving him in a crazed condition. The pilot fell over the steering wheel, tightly clamping his arms around it. 2d Lt. Morgan at once grasped the controls from his side and, by sheer strength, pulled the airplane back into formation despite the frantic struggles of the semiconscious pilot. The interphone had been destroyed, rendering it impossible to call for help. At this time, the top turret gunner fell to the floor and down through the hatch with his arm shot off at the shoulder and a gaping wound in his side. The waist, tail, and radio gunners had lost consciousness from lack of oxygen and, hearing no fire from their guns, the copilot believed they had bailed out. The wounded pilot still offered desperate resistance in his crazed attempts to fly the airplane. There remained the prospect of flying to and over the target and back to a friendly base wholly unassisted. In the face of this desperate situation, 2d Lt. Morgan made his decision to continue the flight and protect any members of the crew who might still be in the ship and for 2 hours he flew in formation with one hand at the controls and the other holding off the struggling pilot before the navigator entered the steering compartment and relieved the situation. The miraculous and heroic performance of 2d Lt. Morgan on this occasion resulted in the successful completion of a vital bombing mission and the safe return of his airplane and crew.
1945 – The Japanese attack American ships around Okinawa, in response to the Allied strikes on Japan. The American destroyer Callaghan is sunk by a Japanese suicide plane. It is the last ship to be destroyed by a Kamikaze attack.
1945 - An Army Air Force B-25 bomber crashed into the 79th floor of the Empire State Building in Manhattan, killing 14 and injuring 26.
1945 -Top Hits
“The More I See You” - Dick Haymes
“Dream” - The Pied Pipers
“Sentimental Journey” - The Les Brown Orchestra (vocal: Doris Day)
“Oklahoma Hills” - Jack Guthrie
1949 - Birthday of Vida Rochell Blue, former baseball player, born Mansfield, LA.
1951 - Rosemary Clooney's "Come On-A My House" hits #1
1951 - “Sammy Kaye” television show premiers. CBS's musical program hosted by bandleader Sammy Kaye swayed audiences to swinging tunes on Saturday nights.
1951 - Elia Kazan's powerful film, “On the Waterfront,” starring Marlon Brando, premiered in New York. It later won Oscars for Best Picture, Best Director, and Best Actor.
1953 - Top Hits
“Song from Moulin Rouge” - The Percy Faith Orchestra
“April in Portugal” - The Les Baxter Orchestra
“I’m Walking Behind You” - Eddie Fisher
“It’s Been So Long” - Webb Pierce
1954 - "Billboard's" top spot on the pop singles chart went to The Crew Cuts with "Sh-Boom." The song was a cover of a rhythm and blues recording by The Chords and it would stay at the #1 spot for seven weeks. Many people consider this song to be the first rock ’n’ roll record. It wasn’t the first ... rock and roll had made it to the music scene long before this. In fact, The Boswell Sisters recorded a song titled, "Rock and Roll" in 1934. However, "Sh-Boom" was the first rock ’n’ roll record to make it to the top of the pop charts. (The Chords’ version became the first rock-related hit in Great Britain.) Purists consider "Rock Around the Clock" to be the first, true #1 rock ’n’ roll hit. However, it didn’t hit the top of the charts until one year after "Sh-Boom".
1954 - Walt Disney's “Alice in Wonderland” was released in theaters. The animated film took five years to complete at an estimated cost of $3 million.
1956 - Elvis Presley's "I Want You, I Need You, I Love You" hits #1
1957 - Jerry Lee Lewis makes his television debut on "The Steve Allen Show." Lewis is booked for two more appearances.
1958 - Three years after "Cherry Pink and Apple Blossom White" reached #1, Cuban-born bandleader Perez Prado was again at #1 with "Patricia." Because of his Latin inspired instrumentals, Prado was known as the Mambo King.
1959 – In preparation for statehood, Hawaiians voted to send the first Chinese-American, Hiram L. Fong, to the Senate and the first Japanese-American, Daniel K. Inouye, Medal of Honor recipient, to the House of Representatives. Hiram Fong served 3 terms.
1961 - Top Hits
“Tossin’ and Turnin’” - Bobby Lewis
“The Boll Weevil Song” - Brook Benton
“Yellow Bird” - Arthur Lyman Group
“Heartbreak U.S.A.” - Kitty Wells
1962 - Tommy Roe's "Sheila" enters the Hot 100 at #93. It will top the charts by September 1.
1965 - President Lyndon B. Johnson announces that he has ordered an increase in U.S. military forces in Vietnam, from the present 75,000 to 125,000. Johnson also said that he would order additional increases if necessary. He pointed out that to fill the increase in military manpower needs, the monthly draft calls would be raised from 17,000 to 35,000.
1996 - The Tokens record "The Lion Sleeps Tonight," which will reach the US pop chart in November and climb to number one by Christmas. The song was originally a hit in South Africa in 1939 for its writer, Solomon Linda, under its original title "Mbube" (pronounced EEM-boo-beh) which means "Lion."
1968 - *CARON, WAYNE MAURICE, Medal of Honor.
Rank and organization: Hospital Corpsman Third Class, U.S. Navy, Headquarters and Service Company, 3d Battalion, 7th Marines, 1st Marine Division (Rein), FMF. Place and date: Quang Nam Province, Republic of Vietnam, 28 July 1968. Entered service at: Boston, Mass. Born: 2 November 1946, Middleboro, Mass. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as platoon corpsman with Company K, during combat operations against enemy forces. While on a sweep through an open rice field, HC3c Caron's unit started receiving enemy small arms fire. Upon seeing 2 marine casualties fall, he immediately ran forward to render first aid, but found that they were dead. At this time, the platoon was taken under intense small-arms and automatic weapons fire, sustaining additional casualties. As he moved to the aid of his wounded comrades, HC3c. Caron was hit in the arm by enemy fire. Although knocked to the ground, he regained his feet and continued to the injured marines. He rendered medical assistance to the first marine he reached, who was grievously wounded, and undoubtedly was instrumental in saving the man's life. HC3c. Caron then ran toward the second wounded marine, but was again hit by enemy fire, this time in the leg. Nonetheless, he crawled the remaining distance and provided medical aid for this severely wounded man. HC3c. Caron started to make his way to yet another injured comrade, when he was again struck by enemy small-arms fire. Courageously and with unbelievable determination, HC3c. Caron continued his attempt to reach the third marine until he was killed by an enemy rocket round. His inspiring valor, steadfast determination and selfless dedication in the face of extreme danger, sustain and enhance the finest traditions of the U.S. Naval Service.
1969 - Top Hits
“In the Year 2525” - Zager & Evans
“Crystal Blue Persuasion” - Tommy James & The Shondells
“My Cherie Amour” - Stevie Wonder
“Johnny B. Goode” - Buck Owens
1972 - Spacelab 3. Alan L. Bean, Owen K. Garriott and Jack R. Lousma started 59-day mission in the space station to test man's space flight endurance. Pacific splashdown Sept 25.
1973 - Chicago's “Chicago IV” LP hits #1
1973 - Exactly one year after their first date, television’s "Six Million Dollar Man," Lee Majors, married one of "Charlie’s Angels", Farrah Fawcett. On the campus of the University of Texas, newly-married Farrah Fawcett-Majors was deemed one of the 10 most beautiful, and her provocative poster adorned many a boy’s room.
1973 - One of the largest rock festivals of all time is held at the Watkins Glen raceway in the Finger Lakes region in New York State. More than 600,000 show up for one day of music with the Grateful Dead, the Band and the Allman Brothers.
1976 - Steve Miller Band's "Fly Like an Eagle" goes gold, on its way to platinum. The album features huge hits as the title track (which makes it to number two), "Rock'n Me" (goes number one later in the year), "Jet Airliner" (#8 in 1977) and "Take the Money and Run" (#11 this month).
1977 - Top Hits
“Looks like We Made It” - Barry Manilow
“I Just Want to Be Your Everything” - Andy Gibb
“I’m in You” - Peter Frampton
“It was Almost like a Song” - Ronnie Milsap
1977 – The Windy City was windy that day! The first-place Cubs (6) and the Reds (5) slammed 11 homers to tie the Major League record. The Cubs aback four times to win, 16 - 15, in 13 innings in a contest that lasted 4 hours and 50 minutes.
1979 - Cubs' slugger Dave Kingman becomes the sixth player in Major League history to hit three home runs in one game twice in one season. The Mets win the game, 6-4.
1983 – American league president Lee MacPhail overruled the umpires in the Pine Tar game and allowed George Brett’s 3-run homer off Goose Gossage to stand. The remainder of the game was played on August 18 and the Royals held on for the win, 5-4.
1984 - In Southern California, the 23rd Summer Olympic Games opened at the Los Angeles Coliseum. The head of the United States Olympic Committee, Peter V. Ueberroth, welcomed 7,800 athletes from 140 nations in 3-1/2 hour long opening ceremonies.
1984 - Pete Rose passes Ty Cobb as the all-time singles leader as he collects his 3,053rd off Steve Carlton in a 6-1 Expos victory over the Phillies.
1985 - Top Hits
“Everytime You Go Away” - Paul Young
“Shout” - Tears For Fears
“You Give Good Love” - Whitney Houston
“Love Don’t Care (Whose Heart It Breaks)” - Earl Thomas Conley
1988 - Thunderstorms drenched Wilmington, NC, with 3.33 inches of rain, bringing their monthly total 14.46 inches. Seven cities in Michigan and Minnesota reported record high temperatures for the date. Marquette, MI, hit 99 degrees, and the record high of 94 degrees at Flint MI was their tenth of the month
1991 - Dennis Martinez of the Montreal Expos pitched a perfect game, defeating the Los Angeles Dodgers,2-0, in Dodgers Stadium.
1994 - Coincidences abounded in Major League baseball. Kenny Rogers tossed Major League’s 14th perfect game in history on what was three years to the day since the previous time this same event happened. This time it was in an American League game where Texas beat California, 4-0. Ten years before, on September 30, 1984, the same two teams played when the 11th perfect game was pitched. Mike Witt was the pitcher and the winning team was reversed. Rogers’ feat was the first time a lefty had thrown a perfecto in the American League.
1996 - The remains of a prehistoric man were discovered near Kennewick, WA.
1996 - A pipe bomb hidden in a backpack exploded during evening festivities at the Centennial Olympic Park in Atlanta, Georgia, killing 2 people and injuring more than 100. The explosion occurred around 1:00 a.m., which doubtlessly prevented more Olympic visitors from being killed or injured. It was the first of four bombings committed by Eric Rudolph. Security guard Richard Jewell discovered the bomb before detonation and cleared most of the spectators out of the park. Rudolph, a carpenter and handyman, had detonated three pipe bombs inside a military ALICE pack. Motivated by what he considered to be the government's sanctioning of "abortion on demand," Rudolph wanted to force the cancellation of the Olympics. After the bombings, Jewell was falsely implicated as a suspect by the FBI and the news media focused aggressively on him as the presumed culprit. However, in October 1996, Jewell was cleared of all charges. Following three more bombings in 1997, Rudolph was identified by the FBI as the suspect. In 2003, Rudolph was arrested, tried, and convicted two years later. Rudolph was sentenced to life imprisonment without parole.
1998 - Sammy Sosa hits his first career grand slam establishing the mark for most career homers before hitting a grand slam (246).
1998 - Monument Records released the Dixie Chicks' country single "Wide Open Spaces."
1999 - Pete Townshend plays at the Supper Club in New York to showcase his upcoming album, “Pete Townshend Live: A Benefit for Maryville Academy.” Pearl Jam's Eddie Vedder joins Townshend on stage to perform a number of songs including "Magic Bus," "Heart to Hang Onto" and the Pearl Jam classic, "Better Man."
2000 - Toronto skipper Jim Fregosi wins his 1,000th game as a big league manager as the Blue Jays beat the Mariners, 7-2.
2000 – A US federal appeals court granted a last minute stay of an injunction that ordered Napster to shut down. The order to stop operations came on July 26, 2000.
2001 - The Eagles played the first concert at the American Airlines Center in Dallas.
2002 - During his induction speech at the Hall of Fame ceremonies in Cooperstown, with the song “Somewhere Over the Rainbow” playing in the background and a copy of 'The Wizard of Oz' in his hands, Ozzie Smith compares his baseball career to Dorothy's away trip from Kansas. Citing the recipe for his success during his 19-year career with Cardinals and Padres, the 47-year-old tells the crowd he had the mind to dream, which the Scarecrow cherished, a heart to believe, which the Tin Man wanted, and courage, which the Lion lacked, in order to persevere. During his career, Smith was known as “The Wizard” because of some of the most amazing fielding plays he executed at shortstop.
2010 - Arnold Schwarzenegger, Governor of California, ordered most state employees to take three days of unpaid leave per month in response to a fiscal state of emergency.
2011 - U.S. swimmer Ryan Lochte set a new world record for the 200-meter individual medley, winning gold at the 2011 World Aquatics Championships in Shanghai, People's Republic of China.
2012 - The U-550, a sunken German U-Boat, is discovered off the cost of Massachusetts.
2014 - U.S. officials state that Russia has violated the Intermediate-Range Nuclear Forces Treaty by test-firing a type of cruise missile; Russian officials argue against the charge. The U.S. and the European Union impose additional sanctions on Russia, focusing on restrictions related to the nation's military, energy, and financial sectors.
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