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


Wednesday, May 6, 2015

Today's Equipment Leasing Headlines

Correction---Association Membership Numbers
  Classified Ads---Legal
Financial Pacific Wins Umpqua Bank
   2014 Department of the Year Award
What You Didn’t See in the Marlin Leasing Press Release
  by Christopher Menkin
Bad Guys: Companies who utilize Evergreen Clauses
   for Extra Lease Payments 
  Leasing Industry Ads---Help Wanted
   Jim McCommon - CLFP for 19 Years
    Celebrating Long Time Members
Another Municipal Copier Lease
  Gets Botched by Lessor
  By Tom McCurnin, Leasing News Legal Editor
   Advertisement----Channel Partners Last 20 Deals
    Placard---The Internet Went Down
     Leasing News Display Ad Testimonial
 Number of Mobile-Only Internet Users
   Now Exceeds Desktop-Only in the U.S
    Australian Shepherd/Mix
     Auburn, Washington  Adopt-a-Dog
News Briefs--- 
Patterson to pay $1.1B for Animal Health International
 PACCAR debuts medium-duty leasing program
  Could used vehicle leasing take off for fleet operators?
   Dollar’s Rise Lifts Imports and Widens Trade Gap
    Comcast now has more Internet subscribers than cable subscribers
     From taco shop to dining empire
      Sheryl Sandberg Tribute to Her Late Husband

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
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You May have Missed---
   SparkPeople--Live Healthier and Longer
    Sports Briefs---
      California Nuts Brief---
       "Gimme that Wine"    
          This Day in American History
           Daily Puzzle
               Weather, USA or specific area
                 Traffic Live----

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



Correction---Association Membership Numbers

Here is the Correct March 31, 2015 Equipment Leasing & Finance Association membership, included with other associations, as well as their comparison by category with previous years (It was corrected in the News Edition).

579   Equipment Leasing and Finance Association
460   National Association of Equipment and Leasing Brokers
279   Commercial Finance Association
+   Association of Government Leasing and Finance
226   Canadian Finance & Leasing Association
223   Certified Leasing Professional Foundation
207   National Equipment Finance Association

+ No March provided by AGLF


Mar 31 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2003 2002 2001 2000
ELFA 579 576 574 583 565 582 604 700 741 768 817 780 732 862 873 850
NAELB 460 469 557 557 617 696 847 1021 1089 950 731 648 480 433 415 475
AGLFA + 249 315 285 274 250 238 265 277 255 255 255 203 263 343 250
NEFA 207 205 207 193 191 210 274
EAEL * * * * * * 183 181 196 198 180 191 216 227 240
UAEL * * * * * * 289 314 314 314 297 248 378 379 589

+ No March, 2015 numbers.


The Equipment Leasing and Finance Association had a very good year, up 5 members. The cuts in category occur in Independent Finance Company, down due to mergers and acquisitions. Conferences and meetings have been at an all-time high; for instance, the Funding Conference in Chicago, Illinois April 21-23, had 587 attendees, up from 550 the previous year, as well as 49 major funding sources. It looks like CEO Woody Sutton will leave the association in retirement at the end of the year in growth, and into the good hands of COO Ralph Petta.

Company Type 31-Mar   2014 2013 2012 2011 2010
Accountant 7   8 9 7 6 7
Bank 122   110 97 81 77 92
Broker/Packager 7   8 8 9 11 13
Captive 67   60 64 60 65 56
Collection Agency 3   3 5 6 11 6
Consultant 32   27 27 21 28 34
Equipment Management 31   40 48 55 51 48
Executive Recruiter 4   3 2 2 3 3
Multi-Line Commercial Finance 46   52 54 62 69 72
Investment Bank 4   5 7 7 8 6
Insurance Company 7   5 6 4 5 7
Independent Finance Company 136   140 140 129 126 142
Law Firm 85   87 91 93 95 90
Publisher 3   2 2 2 1 1
Software Provider 23   24 23 24 26 27
579   574 583 565 682 604
2 Unversity/Government 2 University Member


Leasing News apologizes for the error, and the article was corrected
in the News Edition:

Leasing and Finance Association Membership



Classified Ads---Legal

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

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All “free” categories “job wanted” ads:



Financial Pacific Wins Umpqua Bank
2014 Department of the Year Award

Paul Menzel, CLFP, President & CEO, Financial Pacific, emailed, "The Bank has put on an awards Celebration since its inception. There are several awards categories for groups and individuals. FinPac won for this category for 2014.

"Already in 2015 we have hit $130 MM in originations which is equivalent to the best full year’s production in FinPac’s pre Umpqua history."




What You Didn’t See in the Marlin Leasing Press Release
by Christopher Menkin

MARLIN released its First Quarter, 2015 earnings, showing net income of $4.1 million, compared to $4.6 million first quarter, 2014. First quarter 2015 lease and loan production is $81.6 million, compared to $89.5 million in the fourth quarter of 2014 and $74.0 million in first quarter of 2014.

Perhaps more serious was the resignation of Lynne Wilson, 52, Senior Vice President and Chief Financial Officer, occurring with the timing of the First Quarter results.  No one seemed to pick this up as being not a coincidence.

Leasing News has been writing about this company for quite some time, particularly due to Marlin Leasing use of Evergreen Clauses, especially with copiers. The reports identifies the portfolio having 31% "fair market value residual leases” of which 80.7% were copiers. The next largest category is security systems.

Leasing News has been following up with "what you may have missed" in Marlin’s 10-Q filings.  This one appears shorter, 49 pages (1).  The company has recently gotten into "business loans," although it is too early to see the numbers.  It has also moved back into actively seeking third party originators.  As of March 31, 2015, they reported 125 salesman, ten more than end of 2014 (don't release number of third party originators).

The company was more vendor orientated, actually backing out of the
broker market, perhaps as early as 2009, according to past articles (2). They have been getting stiff competition from Ascentium Capital, Direct Capital, now a part of the CIT Group, and a number of new companies, even from their previous president's Navitas Lease Finance. Perhaps the latest is Financial Pacific, now a division of Umpqua Bank, who is broker originator oriented.  The market is changing and perhaps the Evergreen Clause reputation is catching up with Marlin Leasing.

From the 10Q First Quarter Report:

At March 31, 2015, our lease portfolio consisted of 79,089 accounts with an average original term of 47 months and average original transaction size of approximately $13,700.
- page 26

As of March 31, 2015, approximately 68% of our leases were one dollar purchase option leases, 31% were fair market value leases and 1% were fixed purchase option leases, the latter of which typically contain an end of term purchase option equal to 10% of the original equipment cost. As of March 31, 2015, there were $27.4 million of residual assets retained on our Consolidated Balance Sheet, of which $22.1 million, or 80.7%, were related to copiers.
- page 36

Approval rate remained stable at 63% for the quarter ended March 31, 2015, compared to 65% for quarter ended March 31, 2014.
- page 28

Fee income increased $0.4 million to $4.1 million for the three month period ended March 31, 2015, compared to $3.7 million for the three month period ended March 31, 2014.
- page 32


(1) 10Q First Quarter

(2) Previous Stories



Bad Guys: Companies Who Utilize Evergreen Clauses 
for Extra Lease Payments


These companies use language in their lease documents regarding purchase options to confuse, perhaps to deceive, resulting in an automatic continuation for an additional twelve months of payments. Often they win transactions with lower monthly payments as the lessee does not carefully read and prepare for the end-of-lease notification requirement (many are on ACH payments).

Several have continuation of payments and the requirement of replacing the equipment for a new lease. Leasing News has had complaints involving companies who invoke the twelve months of renewal on a $1.00 purchase option, as well as on an Equipment Finance Agreements.

Several have appeared in Leasing News "Complaints" Bulletin Board:

Additionally, Tom McCurnin has written often about Evergreen Clause court cases involving these companies. 

Two of the companies on this list do a lot of copier leasing, where it is reported manufacturers are now getting a piece of auto-renewals and as well as insisting that they be in the lease as a condition of the business. Leasing News has heard from a very reliable source that some copier manufacturers also give dealers 4-5 months’ notice of a discontinued model and agree to sell it to the dealer at 40% of list price, on the condition that the captive finance division not receive the business. Also buried in the contract on one is a one month rental return fee including an inspection fee at the location specified by lessor and at lessee’s return expense (often not the local dealer who supplied the copier).

Advice for Broker or Lessor
Dealing with a Company that Uses Evergreen Clauses

Complaints on Extra Payments
ACC Capital, Midvale, Utah
Balboa Capital, Irvine, California
De Lage Landen, Wayne, Pennsylvania
IFC Credit, Morton Grove, Illinois
Jules and Associates, Los Angeles, California 
LEAF Financial Group
, Philadelphia, Pennsylvania
Marlin Business Leasing, Mount Laurel, New Jersey
Marquette Equipment Finance, Midvale, Utah 
Mazuma Capital Corporation, Draper, Utah
Onset Financial, South Jordan, Utah
Pacific Western Equipment Finance, Cottonwood Heights, Utah 
Republic Bank, Bountiful, Utah
Tetra Financial Group, Salt Lake City, Utah

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to help support the growth of Lease Police)


Leasing Industry Help Wanted

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Please see our Job Wanted section for possible new employees.


Jim McCommon - CLFP for 19 Years
Celebrating Long Time Members

The Certified Leasing and Finance Professional Foundation is celebrating their 30th anniversary of the designation and 15th for the formation of the Foundation.  Originally started by the Western Association of Equipment Lessors (WAEL) in 1985, who changed their name to United Association of Equipment Leasing (UAEL), then Merged with the Eastern Association of Equipment Lessors (EAEL), and became the National Equipment Finance Association, (NEFA) later joining support from National Association of Equipment Leasing Brokers (NAELB), this series salutes those who remain active.

Jim McCommon has been extremely active as a docent,
actually traveling to locations at his own expense, including donating his time, for many years to help students pass the test.
In the many “Why I Became a CLP” that follow this article,
Jim McCommon is mentioned for his help in their passing the test.

Jim McCommon, CLFP
McCommon Leasing Company
Bellevue, Washington

"I sat for and passed the exam in 1996 after almost 13 years as a broker in the industry. It became apparent that if I wanted to develop, buy or manage my own portfolio, I’d need quite a bit more education.  Even as late as 1996, the primary education tool available was the ‘WAEL Home Study Course,’ a simple three ring binder. I lived with that binder for almost 6 months before a minimal review session and then the test. It was brutal. I have great appreciation for the value of the review classes that we’ve been conducting now for years.

"Subsequent to receiving the certification, I joined the WAEL–UAEL Board and became interested in the educational responsibilities of the association. Eventually I served with a team of fine people to engineer a gift of the (then) CLP program to the leasing industry, transitioning from UAEL ownership and control.  I served on the Foundation’s first Board of Directors and oversaw as President the first year that the Foundation had positive cash flow. That time period also saw the licensing of the Certification, education and exam to foreign country Associations… exciting times!

"In 2004, I was one of the editor/authors of the CLP Foundation’s first The Certified Lease Professionals’ Handbook and had the great pleasure of working with 15 other authors many; of whom I still regard as good and trusted friends. I look forward to assisting with the next Edition of the CLFP Handbook later this year.

"Did the education I secured through the study, the test and my Foundation/Association involvement pay off? I think so. Our company used to broker $5,000-$10,000 transactions, many of them underwriting pieces of office equipment and furniture. Since then our sweet spot is close to $100,000. We’ve financed aircraft, financed and purchased commercial real estate, and picked up a few equipment portfolios along the way. We enjoy a great relationship with our banks based on many years of mutual trust. Yes, the education did pay off and I’m grateful to the folks who had the vision in 1985 to know that there would be tremendous value in this program and of course, to the authors of the first ‘WAEL Home Study Course’ 3-ring binder."

Jim McCommon, CLFP

Why I Became a CLFP


Another Municipal Copier Lease
Gets Botched by Lessor
By Tom McCurnin
Leasing News Legal Editor


Office Digital Solutions v Los Angeles Unified School District 2014 WL 2882628 (Cal. Ct. App. 2014).

“A man's got to know his limitations.” Harry Callahan, “Magnum Force,” 1973.

I’m always amazed by people who think they know everything and enter into areas in which they do not have any expertise, then get smoked, then complain about it. Today’s case demonstrates the adage in the Dirty Harry movies that a man has got to know his limitations. The facts follow. 

In 2011, school Principal Martin Sandoval sought to acquire urgently needed photocopy machines for his school, and inquired to Office Digital Solutions as to whether they could supply the copiers. Office Digital Solutions was an approved maintenance vendor for copiers, but was not an approved vendor for the sale of copier machines. Los Angeles law requires that vendors undergo an approval process, and State law requires that contracts over $78,900 be subject to a competitive bid process. The copiers to be supplied by Office Digital Solutions cost $82,500. Apparently, Office Digital Solutions was unfamiliar with the State law. 

The school principal was equally unfamiliar with the process and mistakenly thought Office Digital Solutions was an approved vendor to supply copiers, when in fact it was only an approved maintenance vendor. There is some dispute whether the principal asked Office Digital Solutions, and Office Digital Solution told him they were approved. But that fact was irrelevant to the Court of Appeals. 

In any event, Office Digital Solutions supplied a number of copiers (1) without competitive bidding as required by State law; and (2) without being approved as supplier vendor. The school principal negotiated lease terms with Office Digital Solutions, and signed a preliminary contract. The copiers were delivered in August, 2011. 

Within months, the principal, his district manager and the school board realized the mistake and advised the lessor to pick up the equipment. The lessor refused to pick them up. The school used the copiers for about three months until replacements were delivered from an approved vendor with competitive bidding. The lessor still refused to pick them up.  The school shrink wrapped the copiers and placed them in storage, again advising the lessor to pick up the equipment. Again, the lessor refused. 

The lessor sued, claiming a legal enforceable contract. The school district defended the suit, claiming that State law prohibits this type of contract and that the lessor knew, or should have known, the law of municipal leasing. The lower court ruled in favor of the school district. 

On appeal, the court ruled that the school district did not take personal property (inverse condemnation) and there could be no breach of contract, because the contract was illegal and void. The lessor claimed that the principal had authority for $25,000 and the copier deal should be split in increments of $25,000 so as to enforce the leases. 

The court of appeal refused to do so. Similarly, since the contracts were illegal and void, any promises that they were enforceable are unenforceable. Ultimately, vendors dealing with municipalities are presumed to know the law that limits the governmental unit’s ability to contract. The court of appeal affirmed the trial court’s judgment, and the school district won, and the lessor lost. 

The opinion seems to imply that the copiers were never repossessed or returned, and very well could have remained in possession of the school district to this day. The lessor was out of its lease payments, out of recovering even the copy page cost, and had to pay its supplier for the copiers. Conversely, the school district didn’t have to make any payments on the copiers, and even while the district used the copiers for about three months, was not required to pay a single penny for the copies it made. What a disaster. 

The lessons here are obvious. Municipal or governmental leasing is a specialty. If the lessor doesn’t know how to properly document a municipal lease, then the lessor should retain competent counsel, or hire underwriters that are familiar with the process. Why? Because a man has got to know his limitations.

LA Unified School District 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

Previous Tom McCurnin Articles:


(Leasing News provides this ad as a trade for appraisals and equipment valuations provided by Ed Castagna)





(click for larger image)



Leasing News Display Ad Testimonial

"The best response from our ad came from your pub..... and what a response we had!"

Don Cosenza,
Sr. Vice President
Chief Marketing Officer
North Mill Equipment Finance

The “trick” is all display ads are placed in appropriate articles to draw the best audience for the specific advertiser.  They just don’t float everywhere, but are positioned in each news edition by the editor for the best draw.
- Kit Menkin

Leasing News Display Advertising Rates



Number of Mobile-Only Internet Users
Now Exceeds Desktop-Only in the U.S

For the first time in March, the number of mobile-only adult internet users exceeded the number of desktop-only internet users, according to comScore.

Adama Lella writes, “Consumers still prefer desktops when making online retail purchases, with 87 percent of total digital commerce coming from the platform, despite mobile accounting for 60 percent of total time spent shopping online. All signs indicate that the desktop computer is here to stay for the foreseeable future, but let’s also not be surprised if, as a society, we become even more mobile over the years to come. And with more mobile-only internet users than desktop-only users, it is yet another sign that digital media is evolving towards “mobile first.”

2015 U.S. Digital Future in Focus Whitepaper



Australian Shepherd/Mix
Auburn, Washington  Adopt-a-Dog

Animal ID: 25311716
Breed: Australian Shepherd/Mix
Age: 10 years 1 month 1 day
Sex: Male
Size: Large
Color:        White
Declawed: No
Housetrained: Unknown
Site: Auburn Valley Humane Society
Location: Canine Adoptions
Intake Date: 4/4/2015
Adoption Price:    $45.00
ARN: 50465
Stage: Available

Auburn Valley Humane Society
4910 A Street S.E.
Auburn, WA  98092
(253) 249-7849
Fax: (253) 929-8612

Sunday: 12pm – 4pm
Monday: 10am – 6pm
Tuesday: 10am – 6pm
Wednesday: 10am – 6pm
Thursday: 10am – 6pm
Friday: 10am – 6pm
Saturday: 12pm – 6pm
Phone: (253) 249-7849

Adopt a Pet


News Briefs----

Patterson to pay $1.1B for Animal Health International

PACCAR debuts medium-duty leasing program 

Could used vehicle leasing take off for fleet operators?

Dollar’s Rise Lifts Imports and Widens Trade Gap

Comcast now has more Internet subscribers than cable subscribers

From taco shop to dining empire

Sheryl Sandberg Tribute to Her Late Husband


Receivables Management LLC
John Kenny

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

(Leasing News provides this ad as a trade for investigative
reporting provided by John Kenny)




--You May Have Missed It

Brian Williams Will Not Be Coming Back?


SparkPeople--Live Healthier and Longer

Beware the Addictive Cues: How to Fight Food Cravings


Baseball Poem 


Budweiser! he calls
between innings, between pitches,
between breaths

Touching All Bases
by Tim Peeler



Sports Briefs----

Will Mayweather-Pacquiao pay-per-view record ever be broken?

Fans sue Pacquiao for not disclosing injury

Early look at 2016 NFL Draft


California Nuts Briefs---

James Beard Award winners 2015:
 Jessica Largey of Manresa. Los Gatos, among winners


“Gimme that Wine”

Robert Mondavi Winery: An American Icon Approaches 50

Judge dismisses legal challenge to Paul Hobbs vineyard project

What's the Big Deal About Sake?

2013 Not A Vintage Year For Port


Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in American History

     1626 - Dutch colonist Peter Minuit bought Manhattan Island from local Indians for 60 guilders worth of trinkets, a few days after landing there.
    1740 - Birthday of John Penn, signer of the Declaration of Independence, born at Caroline County, VA. Died September 14, 1788.
       1812 - Birthday of Martin R. Delaney in Charles Town, VA, now WV.  Ethnologist, Black newspaper publisher, the first African-American to receive a regular army officer commission (Major) and African-American nationalist, he is considered to be the grandfather of Black Nationalism.  He was also one of the first three blacks admitted to Harvard Medical School. Trained as an assistant and a physician, he treated patients during the cholera epidemics of 1833 and 1854 in Pittsburgh, when many doctors and residents fled the city. He worked alongside Frederick Douglass to publish the “North Star”.                   His active role in recruiting blacks for the U.S. Colored Troops led to his commission as Major.  He died in 1885.
    1829 - Phebe Ann Coffin was born Phebe Hanaford in Sciasconset, MA. She is the first woman ordained in New England as a minister. Coffin was a successful author in addition to being a Universalist minister.
    1833 – John Deere made its first steel plough
    1835 – James Gordon Bennett published the first issue of the New York Herald.  The price: 1 cent.
    1851 - Dr. John Gorrie of Apalachicola, FL, was granted a patent for a mechanical freezer, "an improvement in the process for the artificial production of ice."  At a dinner on July 14, 1850, at the Mansion House, Apalachicola, Gorrie produced blocks of ice the size of bricks. He installed his system in the U.W. Marine Hospital in Apalachicola.
    1851 – Linus Yale patented the Yale lock.
    1853 – The first major rail disaster in the US occurred, killing 46 in Norwalk, CT.
    1856 - Birthday of Robert E. Peary in Cresson, PA.  Peary was thought to be the first to discover the North Pole.  As reported in This Day in American History on May 3, the first airplane flight to the North Pole revealed that he did not discover the "true" North Pole as originally claimed. The plane was piloted by Lieutenant Colonel William Pershing Benedict of San Rafael, CA, and copilot Lieutenant Colonel Joseph Otis Fletcher of Shawnee, OK. In 1997, historian Robert M. Bryce published the results of research indicating that no previous explorer succeeded in reaching the Pole, despite two long standing claims, and that Fletcher was the first human known to set foot on it.  In addition, Dr. Albert Paddock Crary, who was in this party, on February 12, 1961, reached the South Pole by tracked vehicle as part of a scientific expedition.   He became then the only explorer to set foot"
    1856 - U.S. Army troops from Fort Tejon and Fort Miller prepared to ride out to protect Keyesville, California, from Yokut Indian attack.
    1860 – The first athletic club in the US, The Olympic Club, was formed in San Francisco.
    1861 – Arkansas and Tennessee became the ninth and tenth states to secede.  Jefferson Davis approved a bill declaring War between the US and the Confederacy
    1864 - General Sherman began to advance on Atlanta.
    1877 - Chief Crazy Horse surrenders to US troops, who later murder him.  On Sept 5th, he is bayoneted in the back on orders.  Dakota Sioux Chief Sitting Bull leads 5,000 of his followers into Canada to ask protection from the Queen and petition land for a reserve after defeating Gen. Custer and the US 7th Cavalry at the Little Big Horn. The Canadian government refuses.
    1882 - Congress passes the first Chinese Exclusion Act over the veto of President Garfield, making it unlawful for Chinese laborers to enter the US for the next 10 years and denying naturalized citizenship to the Chinese already here. Chinese immigration is essentially shut off for the next 60+ years, as the act is extended in both 1902 and 1904.  The act was repealed on December 17, 1943.
    1884 - Brokerage firm of Grant & Ward, in which former President Ulysses S. Grant was a silent partner, failed under the weight of $16,725,466 worth of debts. It soon became known that Ward was a swindler who had used Grant's "good" name to perpetuate one fraud after another.
    1890 – The Mormon Church renounced polygamy.
    1895 - Birthday of Rodolpho Alfonzo Rafaello Pietro Filberto Gugliemi Di Valentina D'Antonguolla, whose professional name was Rudolph Valentino, was born at Castellaneta, Italy. Popular silent film star.  For years press reports claimed that "at least one weeping veiled woman in black bought flowers to his tomb" in Hollywood Memorial Park, every year on the anniversary of his death at New York, NY. August 23, 1926.
    1896 - Samuel Pierpont Langley flew an unpiloted Number 5 aircraft using a catapult launch from a boat on the Potomac River. The aircraft traveled almost 3/4 of a mile - ten times further than any previous heavier-than-air flying machine.
    1899 - Birthday of trombonist Charlie Irvis, New York City.
    1903 – Bernard “Toots” Shor was born in Philadelphia.  Proprietor of a legendary saloon and restaurant, Toots Shor’s Restaurant in Manhattan, he ran three different establishments under that name, but his first – and most renowned – was located at 51 West 51st Street. He was known as a saloonkeeper, friend, and confidante to some of New York's biggest celebrities during that era…Jackie Gleason, Joe DiMaggio, Ernest Hemingway, Chief Justice Earl Warren among them.  He died in 1977.
    1904 - Country music pioneer Cliff Carlisle was born in Taylorsville, Kentucky. An associate of Jimmie Rodgers, he began his recording career in February, 1930 with Rodgers' "T for Texas." During the next 18 months, Cliff Carlisle recorded more than a dozen of Rodgers' songs, and many other tunes sung in Rodgers' style. Cliff later formed a duo with his brother Bill, and they were popular throughout the '30s and '40s. Cliff Carlisle retired from music in 1947.
    1907 – NFL Hall of Fame Head Coach Weeb Ewbank was born Wilbur Charles Ewbank in Richmond, IN.  Ewbank coached and won two of the most important and famous games in NFL history:  In the 1958 NFL Championship game, the Baltimore Colts’ overtime victory over the New York Giants was the first overtime game in history and the first to be televised nationally; and in 1969, the AFL’s New York Jets upset win over the NFL Baltimore Colts in Super Bowl III, largely believed to be the impetus to the merger of the two leagues in 1970.  Ewbank was an assistant under the legendary Paul Brown and he developed two of the NFL’s greatest Hall of Fame QBs, Johnny Unitas and Joe Namath.  He died in 1998.
    1915 - George Herman "Babe" Ruth of the Boston Red Sox hit his first Major League home run in a game against the New York Yankees in New York. It was also his Major League pitching debut, winning 4-3. It is lost among his hitting prowess but Ruth pitched for the Red Sox from 1914-19 to a 93-46 record and an ERA of 2.28.  In 1915-17 he won 65 games, winning more than 23 and 24 in ’16 and ’17, respectively.  He was regarded then as one of the top lefties in the game and many considered him to be near the Walter Johnsons and Christy Mathewsons.
    1915 - Birthday of Orson Welles, actor and director, was born at Kenosha, WI.  “Citizen Kane”, which he directed and in which he played the title role, is one of the most influential films ever made.  Other films in which he had a role include “The Third Man” and “The Magnificent Amersons”.   His radio show in 1938 brought listeners to believe the Earth was invaded from Mars.  Died at Los Angeles, CA, October 10, 1985.
    1918 - Canadian composer and teacher Godfrey Ridout was born in Toronto. During his association with the University of Toronto's Faculty of Music from   1948 until his retirement in 1982, he guided some of Canada's most famous musicians. As a composer, Ridout will be best remembered for his orchestral pieces, including "Music for a Young Prince," commissioned for the opening of the St. Lawrence Seaway in 1959 and composed with Prince Charles in mind. Ridout died in 1984.
    1928 - The longest footrace in history began at City Hall in New York City. It concluded on July 24 in San Francisco, 3,415 miles later. 60-year-old Abraham Lincoln Monteverde, a veteran of more than 100 marathons, not only won the race, but he was also the only competitor to finish.
    1931 - Birthday of “The Say Hey Kid”, Willie Howard Mays, Hall of Fame outfielder and one of baseball’s greatest players of all-time, at Westfield, AL. He spent most of his career with the New York/San Francisco Giants.  Mays won two National League MVP awards and shares the record of most All-Star Games played (24) with Hank Aaron and Stan Musial.   Mays ended his career with 660 home runs, third at the time of his retirement, and currently fourth all-time. He also won a record-tying 12 Gold Glove awards beginning in 1957 when the award was introduced.  He is arguably the greatest player in baseball history and is certainly in that conversation, possessed of blinding speed, a great arm, hit and hit with power, a great defensive fielder and a disruptive force for the opposition.  [As a kid growing up on the Jersey Shore in the 1950s, I went to many Giants, Yankees, and Dodgers games every summer.  The argument about the best ballplayer was always “Mays or Mantle”, a time gone by that will never be repeated.]

    1935 - Executive Order 7034 created the Works Progress Administration (WPA).
    1936 - Birthday of singer Sylvia Robinson was born Sylvia Vanderpool in New York City. Singer/songwriter/producer/ label owner. In the mid-'50s, she teamed with Mickey Baker as Mickey & Sylvia. Had million-selling "Love Is Strange" in 1956-57. Married Joe Robinson and founded All Platinum Records which later became Sugar Hill Records, the first major rap label.
    1937 - At 7:20pm, the dirigible Hindenburg exploded as it approached the mooring mast at Lakehurst, NJ, after a trans-Atlantic voyage.  Of its 97 passengers and crew, 36 died in the accident, which ended the dream of mass transportation via dirigible.
    1939 - Herbie Cox, lead singer of the '50s and '60s vocal group the Cleftones, was born in Cincinnati.
    1940 - John Steinbeck's “The Grapes of Wrath” wins the Pulitzer Prize as most distinguished novel of 1939. He gets the Nobel Prize for Literature in 1962.  Banned in 1980 in two Iowa high school sophomore classes after a parent complained the book was "profane, vulgar, and obscene."  The head of the school board defended the action, noting the US was "going pell mell downhill" morally and they were reversing the trend.
    1941 – Bob Hope performed his first USO Show, at March Field in CA.
    1942 - David Freisen, American jazz bassist, was born in Tacoma, Washington.
    1944 - The first flight of the Mitsubishi A7M fighter, designed to replace the Zero, takes place. Technical problems and Allied bombing raids prevent mass production.
    1945 – Bob Seger was born in Lincoln Park, MI.  In 1973, he put together the Silver Bullet Band, a group of Detroit-area musicians, with whom he became most successful on the national level with the album “Live Bullet”, recorded live at Cobo Hall in Detroit. In 1976, he achieved a national breakout with the studio album “Night Moves”.  Seger has recorded many hits, including “We’ve Got Tonight”, “Against the Wind”, “Shakedown” (written for “Beverly Hills Cop II).  He also co-wrote the Eagles’ number-one hit "Heartache Tonight". His iconic recording of "Old Time Rock and Roll” was named one of the Songs of the Century in 2001.  Seger was inducted into the Rock and Roll Hall of Fame in 2004.
    1948 - KNXT (now KCBS) TV channel 2 in Los Angeles first broadcast
    1951 - Liz Taylor's 1st divorce, from Conrad Hilton Jr.
    1953 - Alva "Bobo" Holloman of the St. Louis Browns pitched a no-hitter in his first major league start, defeating the Philadelphia Athletics, 6-0.  He is one of two pitchers to throw a no-hitter in his first Major League start.  His early appearances with them, all in relief, yielded an ERA close to 9.00. Undaunted, the confident Holloman pestered manager Marty Marion to give him a chance as a starter. He took the mound in that capacity for the first time on a rainy night before a hometown crowd of 2,473 and no-hit the Athletics 6-0. The 29-year-old rookie embellished his performance with three RBI and his only two hits in the Majors.   He went down to the minors in 1954 and retired thereafter.
    1954 - Running for the British Amateur Athletic association in a meet at Oxford University, Roger Bannister broke the four-minute barrier with a time of 3?59:4.  Four minutes for a mile at the time was considered not only a physical barrier but also a psychological one. In this epic race, Bannister relied on two teammates to pace him. Chris Brasher helped Bannister for the first two laps with times of 57.5 and 1:58.2.  Chris Chataway sprang to the lead for the third quarter (3.00:5). Bannister followed Chataway around the curve and started his kick on the backstretch.  He sprinted past Chataway and, as he broke the tape, into track history.  But his record lasted little more than a month, until John Landy of Australia ran 3:58.0 on June
    1957 - Senator John Fitzgerald Kennedy of Massachusetts was awarded the Pulitzer Prize for his book "Profiles in Courage".
    1957 - Eugene O'Neill became the first writer to win a Pulitzer Prize four times for drama: 1957,"for his play "Long Day's Journey Into Night." His other awards were in 1920 for "Beyond the Horizon," in 1922 for "Anna Christie," and in 1928 for "Strange Interlude."
    1958 - Top Hits
“Tequila” - The Champs
“The Witch Doctor” - David Seville
“Wear My Ring Around Your Neck” - Elvis Presley
“Oh Lonesome Me” - Don Gibson
    1959 - The Pablo Picasso painting of a Dutch girl was sold for $154,000 in London. It was the highest price paid to that time for a painting by a living artist.
    1963 - William Faulkner wins a posthumous one for The Reivers; Samuel Barber wins for his "Piano Concerto No. 1."
    1964 - The first election in the District of Columbia was the primary election, when the Reverend Edward Franklin Jackson, a Methodist minister who was African-American, defeated Frank Daniel Reeves for the office of Democratic committee-man.
    1965 - In their Clearwater, Florida hotel room, Mick Jagger and Keith Richards work out the opening guitar riff of "Satisfaction", following Richard's purchase of a Gibson fuzz-box earlier that day.
    1965 - James Brown reworks a song called "I Found You" by Yvonne Fair and comes up with "I Got You" (I Feel Good). It will become the biggest hit of his career, reaching #3 in the US.
    1966 - Top Hits
“Good Lovin'” - The Young Rascals
“Monday Monday” - The Mamas & The Papas
“Sloop John B” - The Beach Boys
“I Want to Go with You” - Eddy Arnold
    1967 - Two weeks after being pushed out of the top spot on the Cashbox Best Sellers list by The Monkees' "A Little Bit Me, A Little Bit You", Nancy and Frank Sinatra return to the top spot with "Something Stupid".
    1968 - PATTERSON, ROBERT MARTIN, Medal of Honor
Rank and organization: Sergeant, U.S. Army, Troop B, 2d Squadron. 17th Cavalry. Place and date: Near La Chu, Republic of Vietnam, 6 May 1968. Entered service at: Raleigh, N.C. Born: 16 April 1948, Durham, N.C. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sgt. Patterson (then Sp4c.) distinguished himself while serving as a fire team leader of the 3d Platoon, Troop B, during an assault against a North Vietnamese Army battalion which was entrenched in a heavily fortified position. When the leading squad of the 3d Platoon was pinned down by heavy interlocking automatic weapon and rocket propelled grenade fire from 2 enemy bunkers, Sgt. Patterson and the 2 other members of his assault team moved forward under a hail of enemy fire to destroy the bunkers with grenade and machinegun fire. Observing that his comrades were being fired on from a third enemy bunker covered by enemy gunners in l-man spider holes, Sgt. Patterson, with complete disregard for his safety and ignoring the warning of his comrades that he was moving into a bunker complex, assaulted and destroyed the position. Although exposed to intensive small arm and grenade fire from the bunkers and their mutually supporting emplacements. Sgt. Patterson continued his assault upon the bunkers which were impeding the advance of his unit. Sgt. Patterson single-handedly destroyed by rifle and grenade fire 5 enemy bunkers, killed 8 enemy soldiers and captured 7 weapons. His dauntless courage and heroism inspired his platoon to resume the attack and to penetrate the enemy defensive position. Sgt. Patterson's action at the risk of his life has reflected great credit upon himself, his unit, and the U.S. Army.
    1970 – The Peace Movement becomes more violent. The next
twelve days student strikes disrupt 448 colleges, involving 1 million+ students (possibly as many as "4 million students." The movement
grows to 750+ campuses of 2500 nationwide with demonstrations   against sending troops to Cambodia. Even Stanford University experiences "worst riots in its history." 75 campuses stayed closed thru rest of the school year).
    1972 - Elton John's "Rocket Man" is released in the US, where it will reach #6.
    1973 - The New England Whalers won the first championship of the World Hockey Association. They defeated the Winnipeg Jets, 9-6, to win the final series, four games to one. Both teams later moved into the National Hockey League.
    1973 - Paul Simon began his first solo tour in Boston, three years after splitting up with Art Garfunkel. Some of the shows were recorded and selections released on the following year's "Live Rhymin'" album.
    1974 - Top Hits
“The Loco-Motion” - Grand Funk
“Dancing Machine” - The Jackson 5
“The Streak” - Ray Stevens
“Things Aren't Funny Anymore” - Merle Haggard
    1977 - Ten weeks after entering the Billboard singles chart, The Eagles' masterpiece, "Hotel California" became the band's fourth US #1 hit.
    1980 - NBC came to terms with its superstar, Johnny Carson. Johnny signed a new three-year contract for approximately $5 million a year. Carson also reduced his "Tonight Show" to one hour from ninety minutes and cut his work week to four nights. Plus, he got billing in the show's title, as it became "The Tonight Show starring Johnny Carson".
    1981 - A jury of architects and sculptors unanimously selected Maya Ying Lin’s design for the Vietnam Veterans’ Memorial from 1,421 other entries.  The memorial sits on 3 acres in Washington, DC and was competed in 1982, and receives over 3 million visitors annually.
    1982 - Gaylord Perry of the Seattle Mariners became the 15th pitcher in the Majors to win 300 career victories. Perry, known for his spitball as well as a variety of other pitches, led the Mariners past the New York Yankees 7-3. He was long suspected of doctoring the baseball with his saliva.  Perry pitched for eight different teams over 22 years and won 314 games.  He was elected to the Baseball Hall of Fame in 1991.
    1982 - Top Hits
“I Love Rock 'N Roll” - Joan Jett & The Blackhearts
“Chariots of Fire” - Titles - Vangelis
“Ebony and Ivory” - Paul McCartney with Stevie Wonder
“Mountain Music” - Alabama
    1984 - Tina Turner's comeback hit, "What's Love Got to Do With It," was released. The song went to number one, won Grammys for record and song of the year, and established Turner as a major solo star.         
    1986 - The Rev. Donald E. Pelotte, 41, was ordained in Gallup, New Mexico -- the first American Indian to be made a Roman Catholic Bishop in the U.S.
    1986 - From the “What an Ungrateful Thing to Do, Joan” file: Comedienne, Joan Rivers, put her foot in her mouth by announcing to the world that she was leaving "The Tonight Show" as permanent guest host to begin her own late-night gabfest on the new FOX TV Network.  She was immediately banned from appearing on “The Tonight Show” by Johnny Carson, even after her show folded.  She made her first appearance on that show when invited by host Jimmy Fallon in the premiere of “The Tonight Show with Jimmy Fallon” in 2014.
    1988 - "Have another doughnut, you fat pig!"  After a 6-1 loss to the Boston Bruins in the Stanley Cup playoffs, New Jersey Devils Coach Jim Schoenfeld confronted referee Don Koharski as the officials left the ice.  In a scuffle, Kobarski either fell, or was pushed, causing Schoenfeld to mock him with the insult.  The league suspended Schoenfeld without a hearing, but a judge granted the Devils request for an injunction.  In response, regular officials chose not to work the next Devils-Bruins game. Instead, an amateur referee handled the game assisted by two off-ice officials acting as linesmen. The Devils won, 3-1.
    1990 - Top Hits
“Nothing Compares 2 U” - Sinead O'Connor
“I Wanna Be Rich” - Calloway
“How Can We Be Lovers” - Michael Bolton
“Love on Arrival” - Dan Seals
    1992 - Bruce Springsteen unveiled his new band at a surprise show at the Bottom Line in New York. The only holdover from the E Street Band was keyboardist Roy Bittan. The four-piece group backed Springsteen on "Saturday Night Live" three nights later. "The Boss" opened his world tour in Stockholm nine days after his New York appearance.
    1994 - Former Arkansas state worker Paula Jones filed a lawsuit against President Bill Clinton, alleging that he had sexually harassed her in 1991.  The Paula Jones case precipitated Clinton's impeachment. Charges of perjury and obstruction of justice were brought against Clinton based on statements he made during the depositions for the Jones lawsuit.  The case went through the courts, eventually reaching the Supreme Court on January 13, 1997. On May 27, the Supreme Court, and allowed the lawsuit to proceed.  Clinton dismissed Jones's story and agreed to move on with the lawsuit.  Clinton entered into an out-of-court settlement, agreeing to pay Jones and her attorneys a total of $850,000, before the lawsuit was dismissed pre-trial on the grounds that Jones failed to demonstrate damages.  In April 1999, Judge Wright found Clinton in civil contempt of court for misleading testimony in the Jones case. She ordered Clinton to pay $1,202 to the court and an additional $90,000 to Jones's lawyers for expenses incurred, far less than the $496,000 that the lawyers originally requested. Wright then referred Clinton's conduct to the Arkansas Bar for disciplinary action, and on January 19, 2001, the day before Clinton left office, he entered into an agreement with the Arkansas Bar under which Clinton was stripped of his license to practice law in Arkansas for a period of five years. His fine was paid from a fund raised for his legal expenses. 
    1998 - Chicago Cubs rookie pitcher Kerry Wood set the National League record and tied the major league record for most strikeouts in a 9-innning game when he fanned 20 Houston Astros in a 2-0 Chicago win. Roger Clemens set the major league record in 1986 and tied it in 1996. The former modern National League Mark, 19, was held by three pitchers, Steve Carlton, Tom Seaver and David Cone.
    2004 - The series finale of “Friends” aired on NBC, after owning Thursday night The finale attracts 52.46 million viewers, sixth most watched overall series finale in U.S. television history, behind the finales of “M*A*S*H*”, “Roots”, “Cheers”, “The Fugitive”, and “Seinfeld” which were watched by 125, 100, 92.5, 78 and 76.3 million viewers, respectively.   
    2006 - Nancy Sinatra unveiled her star on the Hollywood Walk of Fame as she celebrated forty years in music since the debut of her 1966 hit "These Boots Are Made for Walkin".
    2013 – Three women missing for more than a decade were found alive in Cleveland. Ariel Castro was taken into custody but committed suicide one month into custody.  Michelle Knight, Amanda Berry, and Georgina "Gina" DeJesus were held against their will when Berry escaped with her six-year-old daughter and contacted the police.  Knight and DeJesus were rescued by responding officers and Castro was arrested within hours.



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