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


Monday, May 11, 2015

Today's Equipment Leasing Headlines

Archives--May 11, 2007
 Women in Leasing
ELFA Announces Valerie Hayes Jester Will Receive
 2015 David H. Fenig Distinguished Service in Advocacy Award
  ELFA Members to Convene for Capitol Connections
   May 13-14
  Classified Ads--- Senior Management
Top Ten Stories of last week
 (Most Often Opened by Readers)
Bad Mortgage/Construction Loans Take Bank Down
 They Even Tried to File a Restraining Order to Halt the FDIC!
       by Christopher Menkin
Geller Sees Consumers Worried about Economy
Seventh Circuit Rescues Wells Fargo Leasing
  By Tom McCurnin, Leasing News Legal Editor
   “Best Way to Search for New Position”
     Career Crossroad---By Emily Fitzpatrick/RII
Leasing Industry Ads---Help Wanted
 Leasing 102 by Mr. Terry Winders, CLFP
  What is a Finance Lease?
   Labrador Retriever
    Chicago, Illinois  Adopt-a-Dog
  Attorneys Who Specialize in
   Banking, Finance, and Leasing
News Briefs---
33 million in U.S. under severe weather threat
 Mortgage rates rise to highest level of the year so far
  Bank of America customers complain about fewer tellers

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---
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    Sports Briefs---
      California Nuts Brief---
       "Gimme that Wine"    
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           Daily Puzzle
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                 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.



Archives--May 11, 2007
Women in Leasing

Top left to right:
Jester, Monosson, Castagna, Williams, Pryor
Sitting: Madams Pistorio, Lipski

Valerie Hayes Jester
Chairperson ELFA
President Brandywine Capital Associates, Inc.

Deborah J. Monosson
Boston Financial & Equity Corporation

Denise Castagna
Marketing Coordinator
Nassau Asset Management

Judith Williams
Marketing Manager
American Lease Insurance

Alison Pryor
Executive Director EAEL

Sitting Left to right

Nancy Pistorio, CLP
Executive Vice President
Madison Capital

Shari L. Lipski, CLP
ECS Financial Services Inc.

photo by Allan Levine
Equipment Association of Equipment Lessors annual Spring Conference at the Seaview Resort and Spa outside of Atlantic City.


##### Press Release ############################

ELFA Announces Valerie Hayes Jester Will Receive
2015 David H. Fenig Distinguished Service in Advocacy Award

Washington, D.C. – The Equipment Leasing and Finance Association (ELFA) has selected Valerie Hayes Jester, President of Brandywine Capital Associates, Inc.,(Leasing News 2015 Person of the Year) to receive its 2015 David H. Fenig Distinguished Service in Advocacy Award. The award, named for ELFA’s former Vice President of Federal Government Relations, honors individuals who have made significant contributions to the association’s advocacy efforts to promote sound public policies for the equipment finance industry. Jester will be formally recognized during a ceremony at ELFA’s Capitol Connections event on Wednesday, May 13, in Washington, D.C.

William G. Sutton, CAE
ELFA President/CEO

“We are delighted to present this honor to Valerie in acknowledgment and appreciation of her outstanding advocacy efforts at the state and federal levels,” said ELFA President and CEO William G. Sutton, CAE. “Advocacy is a cornerstone of ELFA’s mission and Valerie’s leadership in this area has helped increase volunteer participation and raised awareness of the value of equipment finance as an engine for U.S. prosperity and growth.”

“I am honored to receive this award given in memory and honor of David Fenig, a close friend and ardent advocate of the equipment leasing and finance industry,” said Jester. “David helped to place our association ‘front and center’ during public policy debates on issues and legislation that had and continue to have significant impact on our business. I have always held ELFA’s work in high esteem and appreciate the development of Capitol Connections as a venue to involve our membership in the association’s work in Washington. The education of our legislators regarding the value equipment leasing and finance provide to our economy continues to be one of the most important missions of ELFA.”

Jester has been an active participant in ELFA for more than two decades. During this time, she has supported the industry’s policy objectives in a number of ways. She served as Chairman of LeasePAC, ELFA’s nonpartisan federal political action committee, working tirelessly to increase awareness of and member contributions to the PAC. She also has been a regular attendee and steadfast promoter of ELFA’s annual Capitol Connections event. She has met with members of Congress and executive branch agencies, highlighting the value of equipment finance to the U.S. economy and the impact of legislative and regulatory proposals on the industry.

Jester also has advocated for the equipment finance industry at the state level, educating members of the Pennsylvania state legislature about critical ELFA issues. She was instrumental in developing the key relationship in Pennsylvania that helped the industry effectively advocate for critical provisions of automatic-renewal legislation that later paved the way for national model legislative language for auto-renewals.

Jester was the first woman to serve as Chairman of ELFA, a position she held in 2007. She has also served as the association’s Treasurer and as an active member of the Small Ticket Business Council. In addition, she has contributed to ELFA’s research affiliate, the Equipment Leasing & Finance Foundation. She currently serves on the Foundation’s Board of Trustees and Chairs the National Development Committee. Her fundraising efforts helped the Foundation to achieve a record-breaking fundraising year in 2014 in support of future-focused information and research for the industry.

Before joining Brandywine Capital Associates, Jester served as Senior Vice President of First Sierra Financial. Previously, she was President and Owner of Corporate Capital Leasing Group, a small-ticket lessor specializing in the arbor-care market. Corporate Capital was sold to First Sierra Financial in 1996 and became a publicly traded company in 1997. Prior to founding Corporate Capital’s predecessor company in 1988, Jester was a Regional Manager for General Electric Credit Corporation in the company’s Commercial Asset Finance Department.

About ELFA
The Equipment Leasing and Finance Association (ELFA) is the trade association that represents companies in the $903 billion equipment finance sector, which includes financial services companies and manufacturers engaged in financing capital goods. ELFA members are the driving force behind the growth in the commercial equipment finance market and contribute to capital formation in the U.S. and abroad. Its 580 members include independent and captive leasing and finance companies, banks, financial services corporations, broker/packagers and investment banks, as well as manufacturers and service providers. For more information, please visit

### Press Release ############################



ELFA Members to Convene for Capitol Connections
May 13-14

What: 2015 Capitol Connections, hosted by
the Equipment Leasing and Finance Association

When: Wednesday, May 13 – Thursday, May 14

Where: Washington Court Hotel, Washington, D.C.

Who Attends: Presidents, CEOs and senior executives
of ELFA member equipment leasing and finance companies.

The 2015 Capitol Connections program is designed to educate members of Congress and select Administration officials about the $903 billion equipment finance industry’s role as a major source of capital and investment in the United States, and to positively influence federal policymakers who set the legislative and regulatory framework for the industry. More than 100 ELFA members will meet with more than 150 Senate and House offices and two executive branch agencies. In addition to advocating for the equipment leasing and finance industry on tax and financial services matters, attendees will hear from keynote speakers on a range of hot topics.  


For more information:

#### Press Release #############################


Classified Ads---Senior Management

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

Accomplished leasing executive driven to deliver increased revenues, operating efficiencies, improved sales productivity and customer acquisition. Seeking new opportunity to utilize my strategic, ideation, communication and analytical strengths to develop, implement and execute your organization’s strategic plan.


Free Posting for those seeking employment in Leasing:

All “free” categories “job wanted” ads:


Bookmark Leasing News


Top Ten Stories of last week
(Most Often Opened by Readers)

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

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

(3) Co-Founder/CEO William Verhelle Retires
          from First American Equipment Finance

(4) CIT Group Looking to Continue Growth OneWest Bank/Direct Capital by Christopher Menkin

(5) Financial Pacific Wins Umpqua Bank
       2014 Department of the Year Award

(6) First Woman in LEAF Commercial Credit
          Million Dollar Club

(7) New Hires---Promotions in the Leasing Industry

(8) Leasing #102 by Mr. Terry Winders, CLFP
Income and Tax Consequences for New Leasing Companies

(9) Another Municipal Copier Lease
        Gets Botched by Lessor
          By Tom McCurnin, Leasing News Legal Editor

(10) Correction---Association Membership Numbers


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


Bad Mortgage/Construction Loans Take Bank Down
They Even Tried to File a Restraining Order to Halt the FDIC!
by Christopher Menkin

Edgebrook Bank, Chicago, Illinois was closed with Republic Bank of Chicago, Oak Brook, Illinois, will assume all of the deposits. It has been two months since the closing of the last bank, Doral Bank, San Juan, Puerto Rico.

Edgebrook Bank is the fifth FDIC-insured institution in the nation to fail this year, and the second in Illinois. The last FDIC-insured institution closed in the state was Highland Community Bank, Chicago, on January 23, 2015.

Founded May 9, 2005, the bank had 16 full time employees, December 31, 2014.  Edgebrook ended 2005 with a $1.3 million loss.

The first Cease and Desist was issued a little over the first year the bank was in business: November 1, 2006

Edgebrook Bank only made a profit in two of its ten years in business.

(in Millions unless stated otherwise)



March 15, 2015, another Cease and Desist order was filed by
the FDIC.  March 30, 2015, Edgebrook Bank had the audacity to file a restraining order against the FDIC.  According to FDIC records, March 31, 2015 bank report was to reveal Edgebrook had a negative net equity of $452,000, loss of $4.4 million, and non-current loans were still above $6 million, quite high for such a small bank. -0.66% Tier 1 Capital ratio

(in Millions unless stated otherwise)

Net Equity



Non-Current Loans


The case went before the Honorable Joan B. Gottschall, requesting a temporary restraining order, to halt the “Cease and Desist” instructions. One of the problems the court reported was to determine what the court was “legally required to keep confidential." The FDIC response reported individual names and companies, who were alleged to have made illegal or improper loans and other bank circumstances. Several documents were blanked out or sealed.

However, the FDIC was able to give several examples of loans it found troubling, including one made last summer to a borrower who wanted to acquire a multifamily property. The bank financed the entire purchase and failed to get a current appraisal of the property, the FDIC said. At the time the loan was issued, the borrower had seven other loans with the bank and all those loans were troubled.

Charge Offs (note: 3/31/15)

2006 0
2007 $71,000 ($71,000 1-4 family residential)
2008 $1.1 ($1.1 construction & land development)
2009 $918,000) ($918,000 construction & Land dev.)
2010 $1.3 ($787,000 Const./land, $180,000 commercial/ind., $160,000 1-4 family, $152,000 multifamily, $26,000  indiv. loans)
2011 $444,000 ($368,000 multifamily, $40,000 commercial/ind., $28,000  individual, -$50,000 1-4 family)
2012 $1.4 ($713,000 1-4 family, $494,000 multifamily, $141,000 individual, $36,000 nonfarm/nonres.)
2013 $697,000 ($489,000 1-4 family, $198,000 multifamily, $10,000 Indiv.)
2014 $469,000 ($167,000 commercial/industrial, $153,000 multifamily, $150,000 1-4 family, -$1,000 individuals)
3/31 $2.2   ($981,000 1-4 family, $422,000 commercial/ind., $329,000 multifamily, $287,000 nonfarm/nonres.)

Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans (non-owner occupied).

The problems were obvious:

Bernie Glavin, Jr., was Chairman, CEO, of the bank since it opened. He also was president of Rose Mortgage for 14 years, leaving January, 2007, then in 2011 became principal in Monterey Asset Management ."Founder of three financial service companies. Rose Mortgage Corporation (1993-2007); specialized in residential lending, secondary market aggregation, and point of sale. Edgebrook Bank (2005-2015), a state chartered community Bank catering to small business and consumer clientele. Monterey Asset Management is a Registered Investment Advisory (RIA) firm serving individuals and entities with wealth management, capital preservation, and other investment goals.”

"Specialties: Wealth Management, Financial services, Capital Procurement, Risk Management, Business Development, Retail and Commercial Lending."

His father Bernie Glavin Sr. was Business Development
Manager at Edgebrook Bank.

As of March 31, 2015, Edgebrook Bank had approximately $90.0 million in total assets and $90.0 million in total deposits. In addition to assuming all of the deposits of Edgebrook Bank, Republic Bank of Chicago agreed to purchase approximately $79.7 million of the failed bank's assets. The FDIC will retain the remaining assets for later disposition.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $16.8 million.

FDIC Press Release

List of Bank Failures:

Leasing News Bank Beat:



Geller Sees Consumers Worried about Economy

Dan Geller, Ph.D.

He believes, "No more quick in and out of recessions as consumers now exhibit greater financial uncertainty and anxiety."

The cautionary resumption of economic activities is evident in the Money Anxiety Index, which measures the level of consumer financial uncertainty and anxiety. On the eve of the Great Recession, in November of 2007, the Money Anxiety Index stood at 58.6 compared to 64.6 in May of this year.

"Although the economic decline of the last recession was very fast, the recovery is not.” says Dr. Geller, the developer of the Money Anxiety Index and the author of the book Money Anxiety. “The main reason for the prolonged recovery is that consumers and businesses practice caution and hesitation when it comes to resumption of spending and expansion."

"We can no longer measure economic activity only with hard indices. We must also consider the soft side of economics represented by consumers' financial uncertainty and anxiety."

"The current economic recovery is the longest and most persistent at least since the Great Depression. Despite trillions of dollars in QE money and near zero Fed funds interest rate for over 6 years, the economy is not yet back to where it was pre-recession. We are witnessing a shift to a new economic reality, where traditional economic measures are not enough to overcome the emotional side of economics - financial uncertainty and anxiety."

"Such slow and gradual improvement in the level of consumer financial confidence points to the growing role emotions, such as financial uncertainty and anxiety, have in economic recoveries."


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)


Seventh Circuit Rescues Wells Fargo Leasing
By Tom McCurnin
Leasing News Legal Editor

Borrowers Which Assigned Lease and Rep and Warranted That Delivery and Acceptance Had Occurred, When it Had Not, Were Held Liable to Wells Fargo. 

Wells Fargo Equipment Finance, Inc. v. Titan Leasing, Inc., 768 F.3d 741 (7th Cir. 2014).

D. Alexander Darcy, Debra Devassy Babu, Attorney, Askounis & Darcy, P.C., Chicago, IL, for Wells Fargo, Plaintiff-Appellant. James E. Coston, Attorney, Patricia E. Rademacher, Attorney, Coston & Coston, Chicago, IL, for Titan Leasing and Transit, Inc, Defendants-Appellees.

I previously reported on this case in Leasing News on June 18, 2013,  Wells Fargo Equipment Finance Gets Derailed in Train Lease Litigation" (1)

The facts are pretty simple.  Titan Leasing leased a locomotive to Gerdau Ameristeel, and it was shipped to Gerdau but damaged in transit.  While the train was being repaired, Titan assigned the lease to Wells Fargo on a non-recourse basis.  The locomotive was later received almost a year later, but Gerdau rejected it, stating that it needed further modifications and repairs.  Gerdau, of course defaulted on the lease to Wells Fargo Equipment Finance.  Wells Fargo sued the Borrowers based on the representations and warranties the Borrower made to Wells Fargo that the equipment had been delivered and accepted.

Both parties, the Borrower and the Lessor argued that delivery and acceptance were simultaneous events.  The Borrower argued that the delivery took place according the lease, months before the assignment.  The Lessor argued that delivery and acceptance took place only when placed into the hands of the lessee, notwithstanding what the lease said. 

In a surprising legal decision, the trial court held that pursuant to the lease documents, delivery and acceptance occurred upon shipment not receipt, so the Bank lost, and the Borrower won.  Wells Fargo appealed to the 7th Circuit.

Wells Fargo argued at trial and on appeal that delivery and acceptance occurs only on actual receipt, notwithstanding the lease.  The lease stated:

“As of the date a Lease is assigned to Lender hereunder, the related Equipment has been [1] delivered and [2] accepted by the Lessee and the Lessee has acknowledged [3] receipt and [4] acceptance of such Equipment. Upon request by Lender, Lessor will cause such Equipment to be stamped or otherwise labeled reflecting that Lessor is the owner of such Equipment.”

However, the 7th Circuit, in one of the shortest opinions I’ve ever read, stated that while acceptance might have already occurred, counsel and the trial court missed the other provisions of the warranties.  The Court stated:

“But there is a more basic problem in the district court’s decision: What about warranty 1 (that the locomotive had been “delivered” to Gerdau before March 6, 2009), warranty 3 (that Gerdau had acknowledged receipt), and warranty 4 (that Gerdau had acknowledged acceptance)? Titan Leasing treats “acceptance” as identical to “delivery,” but neither the security agreement nor the lease creates this equivalence, and the UCC does not supply an off-the-rack meaning for “delivery” in commercial leasing.

This is not an exercise in semantic hair-splitting.  A satisfied lessee is more likely to pay.  Delivery and acceptance are important steps toward having a satisfied lessee, but receipt followed by acceptance is more important.  By acknowledging receipt and acceptance, the locomotive’s lessee verifies that the goods conform to the contract after all risks of transit are over.  That enables the lender to advance money with a good prospect of repayment.  Yet after the locomotive arrived (that is, when receipt occurred, months after Titan Leasing warranted that this had already happened), Gerdau rejected it. That’s a lender’s nightmare.

The Court reversed the trial court’s decision and held for Wells Fargo Equipment Leasing. 

What are the takeaways here?

First, any time a lease is assigned for actual funding by an equipment lessor or as collateral, the lessor should contact the lessee and insure that the equipment is, in fact, delivered and accepted.  Apparently, this was not done.

Second, the lessor’s assignment documents prevailed here, and carefully crafted and solid representations and warranties carried the day, as evidenced by the Court’s opinion. 

The bottom line to this case is that the 7th Circuit did its job, righting a wrong which occurred at trial.  While “acceptance” may have occurred, delivery had not yet occurred.  While the facts of this case are odd (usually delivery and acceptance occurs at one point in time), the case underscores the necessity of having a happy lessee before funding. 

  1. "Wells Fargo Equipment Finance Gets Derailed in Train Lease Litigation

Wells Fargo Titan Leasing 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:



“Best Way to Search for New Position”
Career Crossroad---By Emily Fitzpatrick/RII


What is one of the best ways to search for a new position/employer?

One of the best ways to search for a new position / employer is to network - networking remains one of the best job search strategies you can utilize.   
Many job seekers think networking means alerting your contacts that you are in “search” mode, but it is most valuable when you can ask for help. For example, if you want to work at a specific organization, ask your network if they know anyone who currently works for XYZ and ask him or her about the company, culture, and hiring practices.  It is important to develop and cultivate your network, which should include RECRUITERS, colleagues, club members, professional association contacts, clients, and community contacts (civic leaders, etc.).   
You can utilize the following opportunities to develop your network:

  • Attend networking events
  • Work as a volunteer; e.g., serve on the Membership Committee of your industry association and get involved
  • Get involved in charitable organizations; it can be beneficial
  • Contact colleagues and ask for their help generating ideas about where your skills might be most valuable, and learning more about company culture 

For more ideas on how your network can assist in your new job search, contact


Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone:  954-885-9241
Cell:  954-612-0567
Invite me to Connect on LinkedIn
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns


Leasing Industry Help Wanted

For information on placing a help wanted ad, please click here: 

Please see our Job Wanted section for possible new employees.


(Terry retired January 1, 2015.  To honor him and his many years of writing for readers of Leasing News, is repeating several of his columns that are still meaningful today. Here is June 18, 2013.)

What is a Finance Lease?

The term finance lease was introduced in 1955 when the IRS issued the first revenue ruling for leasing RR55-540. It represented a transaction that the IRS determined not to be a lease because the “intent” of the two parties to the lease, the Lessee and Lessor, was to create a disguised conditional sales contract (a loan) evidenced by a structure that included a bargain purchase option or allowed the Lessee to use the equipment for its complete useful life meaning the Lessor could no longer use it. Hence, a transaction like this looked like a loan so it looked like a financing not a lease.

Then, in 1975, when the Financial Accounting Standards Board created SFAS #13 accounting for leases, they began to use the term “Direct Finance Lease” to classify a lease for a three party Lessor that meets one of the requirements of paragraph 7. A direct finance lease broke the transaction into depreciation and interest expense. This totally disregards the legal or tax issues and only looks at the economic structure of the lease. Therefore, a true tax lease (not a finance lease) could be classified to look like a loan even though the lessee had no right to purchase the equipment at lease termination.

Then, in 1988, with the introduction of Article 2A for the Uniform Commercial Code (UCC), the legal profession decided to call the three party legal lease a Finance lease where the Lessor is not held responsible for equipment performance providing the Supply Contract (Vendors warrantees and guarantees) is passed through to the Lessee in the lease agreement.

The term money over money was used by many Lessors in the early days because it was clear that if the only return was cash, then no tax issues were involved, so it was a disguised sale. While this is acceptable for tax issues it still left open the question; is it a legal lease? Also, there is a term used in legal to describe a lease that is not an Article 2A lease and therefore, is covered by Article 9. That is a “lease intended as a security”. A fancy term meaning it’s a loan not a lease.

Therefore we needed a term that would describe a transaction that fails all the rules and is in fact, a financing or a conditional sales contract, so we chose “Non-lease Lease” because it describes a transaction that is not a lease but for contract purposes is placed on a lease agreement.

Today, it is usually referred to as a "capital lease," meaning the lessee capitalizes the lease, takes the depreciation, although legally the owner of the equipment is the lessor. In an Equipment Finance Agreement, referred to in the industry as "EFA" (pronounced E.F.A.), the owner of the equipment is the debtor and the lender is the creditor. It basically is a loan secured by the equipment.

These types of agreements were popular fifty years ago when most required 25% deposit, there were shorter terms, 24 to 36 months, and many states required the APR interest rate be declared on the contract. As leasing became more popular with little money up front and longer terms, the actual rate was not declared on contracts, finance agreements were slow to change as the basis of the credit was generally on collateral with the fact the equipment had a long life and the borrower’s ultimate intent was to own the equipment. (The leasing philosophy was, " It is not ownership that makes a profit, but the use of modern equipment.")

Particularly in the small ticket marketplace, EFA's appear to have become popular forms of financing today than a “Finance Lease “with businesses due to no "fair market" balloon payment at the end as well as Evergreen clause abuse (additional payments imposed). From a lessors viewpoint, it is similar to a "Finance Lease," but less responsibilities, including warranty or equipment use disputes.

Previous #102 Columns:



Labrador Retriever
Chicago, Illinois  Adopt-a-Dog

Three Years
35 Pounds

Twix's Story

“Twix is a sweet, delicate girl who is learning to trust people.  Once she feels comfortable with a person she loves to cuddle and be petted.  Twix has very good leash etiquette and is a pleasure to take on walks.  She is just beginning to learn a few commands but does best with short little sessions throughout the day to practice and reinforce.  Twix likes most dogs she meets but is nervous around pushy dogs and desperately tries to avoid aggressive dogs.  Loud noises or sudden movements still startle her and she will look quickly to you to see if you’re still relaxed to evaluate that everything is okay.

“Twix would do very well in a quiet to average home environment with another easy-going dog.  She doesn’t mind cats.  She also would like a place where she would only be left alone for short periods of time. Twix would do best with an adult only household.


    I love playing with Kong toys
    I get along very well with other dogs
    Have a cat in the house? Let’s snuggle!
    I’m a great walking partner and can go for miles
    Did someone say ‘treat’? I’ll take them all
    I love to play and wrestle with other doggie friends


    Loud noises frighten me so I prefer a quiet home
    I need a little extra time to warm up to people I don’t know
    Keep me company! I prefer homebodies who are often at home
    I prefer quiet environments that aren’t crowded
    I’d love to find an adults-only home
    Fast movements can frighten me so I prefer a slow-paced home environment

“Twix would love to meet you! As an MVP, Animal Planet is currently covering Twix’s adoption fee.

“Twix is currently in a foster home so email us at to arrange a meeting or learn more.

“Don't miss your opportunity to team up with this wonderful dog!”

Adoption Process:


Adopt a Pet



Attorneys Who Specialize in
Banking, Finance, and Leasing

Birmingham, Alabama
The lawyers of Marks & Associates, P.C. have over 30 years experience in dealing with virtually every type of equipment financing and are recognized throughout the industry for prompt, practical solutions and exemplary service. They offer cost-conscious, effective lease enforcement and good counsel. 
California, National: city: Riverside 
Ellen Stern - get results, reasonable pricing; numerous industry contacts, nearly 30 yrs SoCal, 20 yrs equip.: CFL license specialist, documentation, work-outs, litigated collections, recoveries; deal-maker. 

Kenneth C. Greene

California & Nevada
Leasing and Financial consultant, active in several leasing
associations, as well as involved in music and film productioncin LA.  Mention "Leasing News" for a free consultation.
Skype: 424.235.1658
Connecticut, Southern New England: 
EVANS, FELDMAN & BOYER, LLC Collections, litigation, documentation, portfolio sales and financing, bankruptcy. We represent many of the national and local leasing companies doing business in this state. Past chairman EAEL legal committee. Competitive rates. 
Los Angeles/Santa Monica
Hemar & Associates, Attorneys at Law
Specialists in legal assistance, including debt collection, equipment recovery, litigation for 35 years. Fluent in Spanish. 
Tel: 310-829-1948 
Los Angeles, Southern CA 
Seasoned attorney representing secured creditors in auto finance and truck/equipment lease industry.  Bankruptcy and State Court litigation.   Vincent V. Frounjian (818) 990-0605or email:

Encino, California: Statewide “ELFA” 
Hemar, Rousso & Heald, LLP 30 yr excellent reputation Lessor representation commercial litigationdebt collection, and bankruptcy.
Call Stephen E. Jenkins Esq (818) 501-3800

Los Angeles, Statewide: CA.     "ELFA" Aggressive creditors rights law firm specializing in equipment leasing handling collection matters on a contingency, fixed fee or hourly cbasis. 

Los Angeles, Statewide: CA      "ELFA"
Practice limited to collections, bankruptcy and problem accounts resolution. Decades of experience. 10-lawyer firm dedicated to serving you. Call Ronald Cohn, Esq. (818)591-2121 or email. Email:   

Los Angeles- Statewide, CA
Lawyer specializing in banking and leasing issues statewide. Documents and litigation. 
Tom McCurnin, Barton, Klugman & Oetting. Voice: (213) 617-6129 
Cell:(213) 268-8291

California & National

Paul Bent – More than 35 years experience in all forms of equipment leasing, secured lending, and asset based transactions. Financial analysis, deal structuring, contract negotiations, documentation, private dispute resolution, expert witness services. 
(562) 426-1000

Trabaris, P.C.: Finance attorney with 24 years’ experience with transactional, documentation, secured financing and workouts /restructurings. 
Kevin Trabaris

Law Firm - Service, Dallas, TX. "ELFA"
Mayer regularly practices in leasing, secured financing, project development and finance and corporate finance. 
Massachusetts (collection/litigation coast to coast) 
Modern Law Group focuses its practice on collections, lease enforcement and asset recovery. For the past five years, our attorneys have helped clients recover millions of dollars. We are able to cover your needs coast to coast.

Michael J. Witt, experienced bank, finance, and leasing attorney, also conducts Portfolio Audits. Previously he was Managing Counsel, Wells Fargo & Co. (May, 2003 – September, 2008); Senior Vice President & General Counsel, Advanta Business Services (May, 1988 – June, 1997) Tel: (515) 223-2352 Cell: (515) 868-1067

National:  The OMEGA Network Group-nationwide legal representation of small and mid ticket equipment lessors-flat fee bankruptcy & replevin, contingent collection, 
billable litigation (704-969-3280)

National: Coston & Rademacher: Business attorneys serving the lease-finance industry since 1980. Transactional, documentation, corporate/finance, workouts, litigation, bankruptcy, portfolio management. Chicago-based national practice. Jim Coston, CLP (Members: ELFA, NEFA). 

St. Louis County , MO. - statewide: 
Schultz & Associates LLP., collections, negotiation, and litigation. Also register and pursue recovery on foreign judgments. Contingency and reasonable hourly rates. 
Ronald J. Eisenberg, Esq.
(636) 537-4645 x108
NJ,De,Pa: Specializing in leased equipment/secured transactions. Collections, replevins/workouts reasonable rates. Sergio Scuteri/Capehart & Scratchard, /
New York and New Jersey
Peretore & Peretore, P.C. documentation, portfolio purchase & sale, replevin, workouts, litigation, collection, bankruptcy.  Aggressive. Over 25 years

Thousand Oaks, California: 
Statewide coverage Spiwak & Iezza, LLP 20+ years experience,Representing Lessors banks in both State/ Federal Courts/ all aspects of commercial leasing litigation.
Nick Iezza 805-777-1175


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News Briefs----

33 million in U.S. under severe weather threat

Mortgage rates rise to highest level of the year so far

Bank of America customers complain about fewer tellers





--You May Have Missed It

New Math for Retirees and the 4% Withdrawal Rule


SparkPeople--Live Healthier and Longer

The Antioxidant Guide
Get More Fighting Power in Your Diet


Baseball Poem


William (Sugar) Wallace  

Catfish, Mudcat, Ducky, Coot.
The Babe, The Barber, The Blade, The Brat.
Windy, Dummy, Gabby, Hoot.
Big Train, Big Six, Big Ed, Fat.

Greasy, Sandy, Muddy, Rocky.
Bunions, Twinkletoes, Footsie, The Hat.
Fuzzy, Dizzy, Buddy, Cocky.
The Bull, The Stork, The Weasle, The Cat.
Schoolboy, Sheriff,
Rajah, Duke,
General, Major,
Spaceman, Spook.

The Georgia Peach, The Fordham Flash,
The Flying Dutchman. Cot.
The People's Cherce, The Blazer. Crash.
The Staten Island Scot.
Skeeter, Scooter,
Pepper, Duster,
Ebba, Bama, Boomer, Buster. 

The Little Professor, The Iron Horse. Cap.
Iron Man, Iron Mike, Iron Hands. Hutch.
Jap, The Mad Russian, Irish, Swede. Nap.
Germany, Frenchy, Big Serb, Dutch,
Turk. Tuck, Tug, Twig.
Spider, Birdy, Rabbit, Pig. 

Fat Jack, Black Jack, Zeke, Zack. Bloop. 
Peanuts, Candy, Chewing Gum, Pop.
Chicken, Cracker, Hot Potato, Soup.
Ding, Bingo.

Three-Finger, No-Neck, The Knuck, The Lip.
Casey, Gavvy, Pumpsie, Zim.
Flit, Bad Henry. Fat Freddie, Flip.
Jolly Cholly, Sunny Jim.
Shag, Schnozz,
King Kong, Klu.
Boog, Buzz,
Boots, Bump, Boo. 

King Carl, The Count. The Rope, The Whip.
Wee Willie, Wild Bill, Gloomy Gus. Cy.
Bobo, Bombo, Bozo. Skip.
Coco, Kiki, Yo-yo. Pie.
Dinty, Dooley,
Tuffy, Snuffy,
Stubby, Dazzy,
Daffy, Duffy. 

Baby Doll, Angel Sleeves, Pep, Sliding Billy,
Buttercup, Bollicky, Boileryard, Juice.
Colby Jack, Dauntless Dave, Cheese,
Gentle Willie,
Trolley Line, Wagon Tongue, Rough,
What's the Use.

Poosh 'Em Up,
Skoonj, Slats, Ski.
Ding Dong,
Dim Dom, Dee.  

Famous Amos. Rosy, Rusty.
Handsome Ransom. Home Run, Huck.
Rapid Robert. Cactus, Dusty.
Rowdy Richard. Hot Rod, Truck.
Jo-Jo, Jumping Joe,
Little Looie,
Muggsy, Moe.

Old Folks, Old Pard, Oom Paul. Yaz.
Cowboy, Indian Bob, Chief, Ozark Ike.
Rawhide, Reindeer Bill. Motormouth. Maz.
Pistol Pete, Jungle Jim, Wahoo Sam. Spike.
The Mad Hungarian.
Mickey, Minnie.
Kitten, Bunny.
Big Dan, Moose.
Jumbo, Pee Wee; Chubby, Skinny.
Little Poison.
Crow, Hawk, Goose. 
Marvelous Marv.
Oisk, Oats, Tookie.
Vinegar Bend.
Suds, Hooks, Hug.
Hammerin' Hank.
Cooch, Cod, Cookie.
Harry the Horse.
Speed, Stretch, Slug.

The Splendid Splinter. Pruschka. Sparky.
Chico, Choo Choo, Cha-Cha, Chub.
Dr. Strangeglove. Deacon. Arky.
Abba Dabba. Supersub.
Bubbles, Dimples, Cuddles, Pinky.
Poison Ivy, Vulture, Stinky.
Jigger, Jabbo
Jolting Joe
Blue Moon
Boom Boom




Sports Briefs----

Report: Patriots' Tom Brady to be suspended by NFL

Why Tom Brady Shouldn't Apologize or Admit A Thing

Weighing possible punishments for Tom Brady, Patriots

49ers or Raiders? Closer than you might think

Colin Kaepernick defends Tom Brady on Twitter:
  'Let it go and let Tom be great!'

Transit tab for 49ers' Levi's Stadium soars


California Nuts Briefs---

Why Santa Monica Built its Own Internet Service


“Gimme that Wine”

Sonoma Barrel Auction Raises $460,000 Wineries from 14 districts in Sonoma County join for first wine-trade sale

There Goes the Neighborhood – Miley Cyrus Buys a Vineyard

Martinelli Winery vintners honored as icons of Sonoma County

Buena Vista Winery Extensive renovation of the 'White House' of California's wine industry

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in American History

        1502 - Columbus embarked on his 4th voyage with 150 men in 4 caravels. He reached the coast of Honduras after 8 months and passed south to Panama (1503). He returned to Spain Nov 7, 1504, after suffering a shipwreck at Jamaica.
    1647 - Peter Stuyvesant arrived in New Amsterdam to become governor.
    1690 - In the first major engagement of King William's War, British troops from Massachusetts seize Port Royal in Acadia (Nova Scotia and New Brunswick) from the French.
    1792 - The Columbia River, Oregon, is discovered by Captain Robert Gray.  He nor the people in its time of discovery do not know its value. Gray was a fur trader, and actually poor at it, as he died a pauper.  He had discovered and named much geography along the Pacific Northwest.
    1807 - Birthday of Ira Aldridge, Great 19th century Black actor, famous throughout the world, died 1867.
    1823 - Birthday of (Catherine) Sister Irene Fitzgibbon.  She headed a home for foundling babies whose care had previously been assigned to prisoners or the inmates of poorhouses.  She established the New York Foundling Hospital, a maternity hospital, a hospital for children, a care facility for children, a hospital for TB patients, and developed a program to give decent care for unwed mothers both before and after birth.,catherine.html
    1846 - Congress declares war against Mexico at request of the President James Polk. At the time, the entire United States Army numbers only about 6,000 officers and men, eventually expanded to nearly 10,000 by war’s end. The bulk of the force needed to prosecute the war will come from the uniformed volunteer militia (forerunners of today’s National Guard) of the various states.
    1855 - The oldest gambling house in San Francisco, the El Dorado closed forever because of a new state anti-gambling law.
    1858 - Minnesota entered the Union as the thirty-second state. Known as the "Land of Ten Thousand Lakes," Minnesota is the northern terminus of the Mississippi River's traffic and the westernmost point of an inland waterway that extends through the Great Lakes and the St. Lawrence Seaway to the Atlantic Ocean. The Ojibwe and the Dakota were among the Native peoples who first made this land their home.  White settlement of the area began in 1820 with the establishment of Fort Snelling. In 1849, Minnesota became a US territory. The building of railroads and canals brought a land boom during the 1850s, and Minnesota’s population swelled from only 6000 in 1850 to more than 150,000 by 1857. Chiefly a land of small farmers, Minnesota supported the Union in the Civil War and supplied large quantities of wheat to the Northern armies. Originally settled by migrants of British, German, and Irish extraction, Minnesota saw a major influx of Scandinavian immigrants during the nineteenth century. Minnesota’s "Twin Cities" — Minneapolis and St. Paul — grew out of Fort Snelling, the center of early US settlement.
    1862 - The Confederate ironclad CSS Virginia was destroyed by Confederate forces to prevent its capture by Union troops. The Virginia was built from the salvaged hull of the USS Merrimack. Two months prior to its destruction, the Virginia fought several Union ships in what became known as "The Battle of Hampton Roads."
    1864 - Attempting to head off Union General Phil Sheridan's cavalry advance on Richmond, one of the South's greatest military strategists, Confederate General J.E.B. Stuart's cavalry encountered the Federals at Yellow Tavern, Virginia. It was a surprise encounter, not only changing the direction of the war, but Stuart was mortally wounded in the battle and died the following day. The loss of one of its most colorful and effective cavalry leaders was a great loss to the South. It also marked the first time that Sheridan, with Gen. Grant’s approval, was making his first independent cavalry action, surprising Stuart considerably. The battle did accomplish the delay of the Federal advance, delaying it long enough for the Confederates to strengthen the defense at Richmond, and Sheridan was forced to change his plans. In the wake of advancing Union troops in the Peninsular Campaign.  The South was forced to destroy the valuable vessel and its manufacturing facility to prevent its capture by Union forces. The “History Channel” has an excellent series about these two warships.
    1867 - Jefferson Davis is released on bail from prison where, since being captured on 10 May 1865, he was awaiting a treason trial that never would take place for having been President of the Confederacy during the US Civil War: the charges would be dropped on 25 December 1868.    
    1885 - Jazz musician "King" Oliver born New Orleans, Louisiana.

    1888 - American songwriter Irving Berlin was born in Russia. He wrote nearly 1,000 songs, and had his first hit in 1911 with "Alexander's Ragtime Band." Many of his best songs came from such Broadway musicals as "Call Me Madam" and "Annie Get Your Gun." Berlin also composed film scores, and many of his stage musicals were adapted for the screen. Among the best known of his songs are "White Christmas," "God Bless America" and "There's No Business like Show Business." Berlin died on September 22nd, 1989, age 101.
    1889 - Major Joseph Wham and group of soldiers, carrying a military payroll of $29,000, were attacked by a dozen outlaws near Fort Thomas, Arizona Territory. After wounding more than half the soldiers and driving off the rest, the outlaws simply walked away with the entire payroll. A posse of lawmen rounded up various suspects who were later charged with the sensational robbery. Most of these suspects were Mormons with political connections and the accused men were defended by the famed lawyer Marcus Aurelius Smith. Major Wham and his men were unable to identify any of the dozen defendants in court and they were all acquitted. It was widely claimed that political pressure from the acting governor allowed the thieves to go free.
    1894 - During the Depression of 1893, the Pullman Company handed out a hefty round of wage cuts.  Though the cuts ate up 25 percent to 40 percent of workers' take-home pay, the company refused to lower its rents. In May of 1894, a group of workers implored company chief George Pullman to redress the situation. Pullman promptly fired three of the workers. The rail managers won the support of Federal and state troops, which led to a long and violent skirmish in early July.  Pullman and the rail managers soon prevailed over the strikers, many of whom were subsequently barred from working in the rail industry.
    1894 - Birthday of Martha Graham.  She is generally recognized as the woman who most embodied the movements of modern dance; who influenced American modern dance as a dancer, teacher, and choreographer. Her career spanned more than 60 years during which she created almost 200 works from solos to feature presentations. Died April 1, 1991
    1895 - Birthday of American composer William Grant Still in Woodville, MS.  Perhaps the best-known African-American classical composer of the 20th century still wrote 8 symphonies, 7 operas and more than 100 other works, included such important works as “Levee Land” and “Sahdji”. As the site notes, he was a pioneer in many ways: as the first Black person to conduct a major American symphony (the Los Angeles Philharmonic at the Hollywood Bowl in 1936), to have an opera (Troubled Island in 1949) produced by a major company, and to have an opera performed on television (Bayou Legend, posthumously, in 1981).  Died 3 December 1978, Los Angeles, California.
    1898 - Sailors and Marines from USS Marblehead and USS Nashville cut trans-oceanic cable near Cienfuegos, Cuba, isolating Cuba from Spain. The operation was performed close to shore, directly under the guns of the enemy soldiers garrisoned at Cienfuegos. For more than an hour the small boats with their crews of brave young sailors and Marines endured the dangerous waters, the ever present mines, the crash of large rounds, and small arms fire, to continue their task. On the U.S.S. Nashville, sailors who had not been selected for the mission continued to man the ship's big guns to cover their comrades. Finally, one of the cables was cut through. The shore end was dropped in place and one of the boats from the Marblehead towed the other end out to sea where it was dropped after another large section of cable was removed to make it harder to repair. Finally, the second cable was cut. A remaining smaller cable on the shore would have to be ignored. The badly battered sailors and Marines, in small boats barely able to remain afloat, turned to return to their warships. As they fought the seas, the enemy began finding their range. Large shells dropped closer and closer to the small sailing ships. For a few minutes, it looked as if all of the volunteers would be lost. In the distance, Lieutenant Dillingham turned the Nashville towards the shore, steaming ahead and then turning again to place his warship between the enemy on the shore and the retreating smaller boats of the cable cutting crews and their Marine guards. It was a bold act, exposing his ship to intense enemy fire, but for the badly battered volunteers, it meant the difference between life and death. The wounded were quickly taken aboard the warships for medical care. Many of the men had suffered wounds, several of them repeated wounds, and at least three were critical or fatal. All 52 men, 26 from each of the Marblehead and the Nashville, were subsequently awarded Medals of Honor.
    1901 - Birthday of Gladys Rockmore Davis, U.S. artist who has works hanging in the Metropolitan Museum of Art. Died 1967.
    1910 - Glacier National Park in Montana was created by an act of Congress. With over one million acres, the park is home to many animals, including wolves, grizzly bears, and mountain lions, and over 1400 plant species.
    1912 - Birthday of Phil Silvers, comedian and actor, who had one of the most popular 1950's TV show where he starred as Sgt. Bilko in “You’ll Never Get Rich.” He was on Broadway before and after as well as had a second TV show and was sought as a guest on many early 1960 TV shows for his humor. As a "Did you Know?” Silvers wrote the lyrics for Frank Sinatra's "Nancy (With the Laughing Face)".
    1916 - Einstein's Theory of General Relativity was presented.
    1927 - Birthday of Mort Sahl in Montreal, Quebec,  Comedian, political satirist, beatnik, Sahl was one of a kind -- a razor-sharp trailblazer of biting, tremendous popular satirical comedy in the 1950s and 1960s.
    1927 - The Academy of Motion Picture Arts and Sciences was founded by Louis B. Mayer. The first Oscars were for films produced in the first year of the Academy: 1927-28. (For the first 6 years, the awards were for films produced during the fiscal year, not the calendar year.) Among the first winners were Emil Jannings and Janet Gaynor for acting, and Wings for best picture. 
         1928 - WGY-TV in Schenectady, New York began the first schedule of regular TV programs. WGY offered programming to the upstate New York audience three times a week using the electronic scanning method. 
    1937 - Battle of the Bands between Benny Goodman and Chick Webb, Savoy, NY. 
    1938 - Birthday of American composer Harvey Sollberger.
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    1941 - Rock singer Eric Burdon, who first came to fame with the Animals during the 1960's British invasion, was born in Newcastle-on-Tyne, England. The Animals hit the top of the charts in both Britain and North America in the summer of 1964 with "House of the Rising Sun." When the original group broke up in 1966, Burdon began billing the band as Eric Burdon and the Animals. They began playing psychedelic songs, such as "San Franciscan Nights" and "Sky Pilot." In 1970, Eric Burdon fronted the funk band War for their number-one hit "Spill the Wine," but by the following year Burdon and War had parted company.
    1942 – “Go Down, Moses” by William Faulkner is published.
    1944 - *WAUGH, ROBERT T., Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, 339th Infantry, 85th Infantry Division. Place and date: Near Tremensucli, Italy, 11-14 May 1944. Entered service at: Augusta, Maine. Birth: Ashton, R.I. G.O. No.: 79, 4 October 1944. Citation: For conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty in action with the enemy. In the course of an attack upon an enemy-held hill on 11 May, 1st Lt. Waugh personally reconnoitered a heavily mined area before entering it with his platoon. Directing his men to deliver fire on 6 bunkers guarding this hill, 1st Lt. Waugh advanced alone against them, reached the first bunker, threw phosphorus grenades into it and as the defenders emerged, killed them with a burst from his Tommy gun. He repeated this process on the 5 remaining bunkers, killing or capturing the occupants. On the morning of 14 May, 1st Lt. Waugh ordered his platoon to lay a base of fire on 2 enemy pillboxes located on a knoll which commanded the only trail up the hill. He then ran to the first pillbox, threw several grenades into it, drove the defenders into the open, and killed them. The second pillbox was next taken by this intrepid officer by similar methods. The fearless actions of 1st Lt. Waugh broke the Gustav Line at that point, neutralizing 6 bunkers and 2 pillboxes and he was personally responsible for the death of 30 of the enemy and the capture of 25 others. He was later killed in action in Itri, Italy, while leading his platoon in an attack.
    1945 - McKlNNEY, JOHN R., Medal of Honor
Rank and organization: Sergeant (then Private), U.S. Army, Company A, 123d Infantry, 33d Infantry Division. Place and date: Tayabas Province, Luzon, Philippine Islands, 11 May 1945. Entered service at: Woodcliff, Ga. Birth: Woodcliff, Ga. G.O. No.: 14, 4 February 1946. Citation: He fought with extreme gallantry to defend the outpost which had been established near Dingalan Bay. Just before daybreak approximately 100 Japanese stealthily attacked the perimeter defense, concentrating on a light machinegun position manned by 3 Americans. Having completed a long tour of duty at this gun, Pvt. McKinney was resting a few paces away when an enemy soldier dealt him a glancing blow on the head with a saber. Although dazed by the stroke, he seized his rifle, bludgeoned his attacker, and then shot another assailant who was charging him. Meanwhile, 1 of his comrades at the machinegun had been wounded and his other companion withdrew carrying the injured man to safety. Alone, Pvt. McKinney was confronted by 10 infantrymen who had captured the machinegun with the evident intent of reversing it to fire into the perimeter. Leaping into the emplacement, he shot 7 of them at pointblank range and killed 3 more with his rifle butt. In the melee the machinegun was rendered inoperative, leaving him only his rifle with which to meet the advancing Japanese, who hurled grenades and directed knee mortar shells into the perimeter. He warily changed position, secured more ammunition and reloading repeatedly, cut down waves of the fanatical enemy with devastating fire or clubbed them to death in hand-to-hand combat. When assistance arrived, he had thwarted the assault and was in complete control of the area. Thirty-eight dead Japanese around the machinegun and 2 more at the side of a mortar 45 yards distant was the amazing toll he had exacted single-handedly. By his indomitable spirit, extraordinary fighting ability, and unwavering courage in the face of tremendous odds, Pvt. McKinley saved his company from possible annihilation and set an example of unsurpassed intrepidity.
    1946 - Jack Barry, a familiar face on TV game shows, hosted "Juvenile Jury" on WOR Radio in New York City. The show was such a hit after five weeks on the air that it debuted on the Mutual Broadcasting System coast to coast. Maybe Barry became a bit too familiar in 1959. It was "Twenty One", the enormously popular show that Barry hosted, that led to the Quiz Show Scandal that rocked television and the U.S. Congress.
    1947 - B.F. Goodrich, from Akron, Ohio, announced the development of the tubeless tire.    
    1946 - *TERRY, SEYMOUR W., Medal of Honor
Rank and organization: Captain, U.S. Army, Company B, 382d Infantry, 96th Infantry Division. Place and date: Zebra Hill, Okinawa, Ryukyu Islands, 11 May 1945. Entered service at: Little Rock, Ark. Birth: Little Rock, Ark. G.O. No.: 23, 6 March 1946. Citation: 1st Lt. Terry was leading an attack against heavily defended Zebra Hill when devastating fire from 5 pillboxes halted the advance. He braved the hail of bullets to secure satchel charges and white phosphorus grenades, and then ran 30 yards directly at the enemy with an ignited charge to the first stronghold, demolished it, and moved on to the other pillboxes, bombarding them with his grenades and calmly cutting down their defenders with rifle fire as they attempted to escape. When he had finished this job by sealing the 4 pillboxes with explosives, he had killed 20 Japanese and destroyed 3 machineguns. The advance was again held up by an intense grenade barrage which inflicted several casualties. Locating the source of enemy fire in trenches on the reverse slope of the hill, 1st Lt. Terry, burdened by 6 satchel charges launched an l-man assault. He wrecked the enemy's defenses by throwing explosives into their positions and he accounted for 10 of the 20 hostile troops killed when his men overran the area. Pressing forward again toward a nearby ridge, his 2 assault platoons were stopped by slashing machinegun and mortar fire. He fearlessly ran across 100 yards of fire-swept terrain to join the support platoon and urge it on in a flanking maneuver. This thrust, too, was halted by stubborn resistance. 1st Lt. Terry began another 1 -man drive, hurling grenades upon the strongly entrenched defenders until they fled in confusion, leaving 5 dead behind them. Inspired by this bold action, the support platoon charged the retreating enemy and annihilated them. Soon afterward, while organizing his company to repulse a possible counterattack, the gallant company commander was mortally wounded by the burst of an enemy mortar shell. By his indomitable fighting spirit, brilliant leadership, and unwavering courage in the face of tremendous odds, 1st Lt. Terry made possible the accomplishment of his unit's mission and set an example of heroism in keeping with the highest traditions of the military service.
    1950 - After fans boo him for misplaying a ball, Ted Williams makes an inappropriate digital gesture three times (once to left, once to center, and once to right) to the Red Sox fans sitting in the outfield stands. During his next at bat, as the booing continues, the Splendid Splinter becomes the Splendid Spitter as Williams steps out of the box to spit at fans to show his displeasure.
    1953 - A devastating F5 tornado tore through downtown Waco, Texas. 114 people were killed and 597 were injured. Total damage was $41 million. Another tornado (F4) virtually leveled 15 square blocks of San Angelo, Texas with 13 people killed and 159 injured.
    1953 - No. 1 Billboard Pop Hit: "The Song from Moulin Rouge," Percy Faith Orchestra/Felicia Sanders.
    1954 - Birthday of American composer Jane Ellen
    1955 - Top Hits
“Cherry Pink and Apple Blossom White” - Perez Prado
“Unchained Melody” - Les Baxter
“Honey-Babe” - Art Mooney
“In the Jailhouse Now” - Webb Pierce
    1955 - With the help of an Ernie Banks' grand slam, the Cubs snap the Dodgers' 11-game winning streak, 10-8. The bases-filled homer will be Mr. Cub’s first of five on the year.
    1957 - The Everly Brothers make their debut on "Grand Ole Opry" in Nashville, Tenn.
    1957 - It's safe bet that San Francisco will have a major league team playing next season, The Chronicle learned. The team will probably be the New York Giants, who will transfer their long standing feud with the Brooklyn Dodgers to California. The present plan calls for the Giants to move into Seals Stadium for the 1958 season and into a 70,000-seat stadium at South Basin near Hunters Point in 1959 that would become Candlestick Park.
    1959 - Twenty-three-year-old Carol Burnett made her musical comedy debut in “Once upon a Mattress” at the Phoenix Theatre in New York City. Only eight years later, the talented comedienne would star in her own Emmy-winning TV musical variety program. 
    1959 - Dave "Baby" Cortez' "The Happy Organ" hits #1
    1961 - President Kennedy approves sending 400 Special Forces troops and 100 other US military advisers to South Vietnam. On the same day, he orders the start of clandestine warfare against North Vietnam to be conducted by South Vietnamese agents under the direction and training of the CIA and US Special Forces troops. Kennedy's orders also called for South Vietnamese forces to infiltrate Laos to locate and disrupt communist bases and supply lines there.
    1963 - Top Hits
“I Will Follow Him” - Little Peggy March
“Puff the Magic Dragon” - Peter, Paul & Mary
“If You Wanna Be Happy” - Jimmy Soul
“Lonesome 7-7203” - Hawkshaw Hawkins
    1964 - No. 1 Billboard Pop Hit: "My Guy," Mary Wells. It is the first No. 1 hit for the Motown label.
    1965 - Liza Minnelli opened in "Flora the Red Menace". The musical ran for only 87 performances at the Alvin Theatre.
    1966 - The 1.6 inch snow at Chicago, IL, was their latest measurable snow of record. Previously the record was 3.7 inches on the 1st and 2nd of May set in 1940.
    1968 - "The Birds, the Bees and the Monkees," which was certified gold upon its release in April, enters the LP charts at #80. In one week, pushed by the singles "Daydream Believer" and "Valleri," it will jump to #3.
    1969 - Beginning of one of the most infamous battles that signified the growing frustration with America’s involvement in the Vietnam War. Attempting to seize Dong Ap Bia Mountain, American troops repeatedly scaled the hill over a 10-day period, often engaging in bloody hand-to-hand combat with the North Vietnamese. After finally securing the objective, American military decision makers chose to abandon it and the North Vietnamese retook it shortly thereafter. The heavy casualties in the struggle to take the hill inspired the name “Hamburger Hill.”
    1970 - Sammy Davis, Jr. marries his third wife, Altovise Gore, a dancer in his current Broadway hit “Golden Boy”. The Rev. Jesse Jackson presides; the couple would remain married for the rest of Davis' life.
    1970 – The group, The Chairmen of the Board, not Sinatra, received a gold record for the hit "Give Me Just a Little More Time". The Detroit group recorded three other songs in 1970, with moderate success. 
    1970 - Lubbock, Texas was struck by a tornado rated f5 on the Fujita Scale. 26 people were killed and 500 were injured. The total damage was estimated at $135 million which was considered conservative. 600 apartment units were destroyed along with 430 houses. 250 businesses were damaged or destroyed. 80 percent of the windows in the downtown area were broken.
    1970 - The triple album "Woodstock" soundtrack is released on Cotillion Records. The document of the epochal rock festival will go gold within two weeks.  The soundtrack L.P. to the original Woodstock festival was released. The three record set featured many of the top Rock artists of the time, including Jimi Hendrix, Crosby, Stills, Nash and Young, Joe Cocker and The Who.
    1971- Top Hits
“Joy to the World” - Three Dog Night
“Never Can Say Goodbye” - The Jackson 5
“I Am...I Said” - Neil Diamond
“How Much More Can She Stand” - Conway Twitty
    1972 - The Giants trade Willie Mays to the Mets for right-hander Charlie Williams and $50,000 cash. The ‘Say-Hey Kid’, who is clearly past his prime, returns the city where he brilliantly began his Hall of Fame career.
    1973 - Charges against Daniel Ellsberg for his role in the "Pentagon Papers' case were dismissed. 
    1974 - Steely Dan's "Rikki, Don't Lose That Number" is released.
    1974 - Three Dog Night's "The Show Must Go On" reaches #4 on Billboard's Hot 100 and #1 on the Cashbox best sellers chart. The song turns out to be the band's final Top Twenty hit and their last Gold single.
    1974 - Elvis Presley plays a show at the Los Angeles Forum, attended by members of Led Zeppelin who were also in town for a gig. Upon learning of his famous fans, Elvis turns to his backup band after a somewhat sloppy opening number and jokingly admonishes them: "Wait a minute. Let's see if we can start together, fellas, because we’ve got Led Zeppelin out there. Let's try to look like we know what we’re doing." Afterwards, the band meets Elvis backstage and is more than a little star struck; Zeppelin manager Peter Grant and Elvis spontaneously swap their expensive watches, and then Robert Plant, just before the meeting breaks up, finally summons up the courage to sing Elvis' 1956 hit "Love Me." Elvis joins in for a few bars.
    1975 - Eighty thousand turn out in New York's Central Park to celebrate the end of the Vietnam War.
    Brigadier General Margaret A. Brewer became the Marine Corps' first female general officer. She was assigned Director of Information, Headquarters Marine Corps. Brewer had been Director of the Women Marines, the seventh and last women's director, succeeding Colonel Sustad on 1 February 1973. During Brewer's tenure, the Women Marine Corps was disbanded and all women were made a part of the regular Marine Corps.
    1979 - Top Hits
“Reunited” - Peaches & Herb
“Music Box Dancer” - Frank Mills
“Stumblin’ In” - Suzi Quatro & Chris Norman
“Backside of Thirty” - John Conlee
    1979 - Peaches and Herb, the sweet-singing soul duo, receive a platinum record for "Reunited," a Number One hit for four weeks.
    1981 - Heavyweight boxing challenger Gerry Cooney left former champ Ken Norton on the ropes and unconscious after 54 seconds of the first round at Madison Square Garden in New York City. 
    1981 - The Andrew Lloyd Webber musical "Cats" opened in London. The composer had to mortgage his house to help finance the $1.1 million production. Since then, "Cats" has grossed more than one billion dollars in more than a dozen countries, including Canada. On May 11th, 1989, "Cats" became London's longest-running musical, playing its 3,358th performance. And on January 29th, 1996, it set the world record for longevity with its 6,138th performance. 
    1985 - Scott Brayton turned in the fastest lap ever at the Indianapolis Motor Speedway. Brayton was traveling at 214.199 MPH in the third lap of qualifying. Duane ‘Pancho’ Carter grabbed the pole position for that years Indianapolis 500. Carter entered the history books with a speed of 212.583 MPH for four qualifying laps around the 2.5 mile track at Indy. 
    1987 - Top Hits
“(I Just) Died in Your Arms” - Cutting Crew
“Looking for a New Love” - Jody Watley
“With or Without You” - U2
“The Moon is Still Over Her Shoulder” - Michael Johnson
    1988 - Unseasonably warm weather prevailed in the southwestern U.S. Reno, NV, reported a record high of 89 degrees.
    1988 - On the occasion of his 100th birthday, legendary Tin Pan Alley songwriter Irving Berlin is serenaded by a crowd of fans singing his standards outside his New York apartment.  Celebrities from Frank Sinatra to Isaac Stern, Ray Charles to Leonard Bernstein paid musical tribute to Irving Berlin on his 100th birthday. The Carnegie Hall concert ended with all the performers singing "There's No Business like Show Business." Berlin himself did not attend but members of his family were there.    
    1989 - Roy Orbison was inducted into the Songwriters' Hall of Fame at a ceremony in New York. Eric Clapton presented the award to Orbison's widow, Barbara.
    1990 - Unseasonably cold weather followed in the wake of a spring storm in the north central U.S. Seven cities reported record low temperatures for the date, including Madison, WI with a reading of 29 degrees. Thunderstorms produced severe weather in Kansas, Oklahoma and the northern half of Texas. Severe thunderstorms spawned four tornadoes in Texas.
    1990 - Singer Ritchie Valens ("La Bamba," "Donna") receives a posthumous star on Hollywood's Walk of Fame.
    1994 - The Justice Department approved Novell's plans to purchase WordPerfect Corporation on this day in 1994. Novell also bought Borland's spreadsheet business, in an attempt to create a suite of office applications to compete with Microsoft Office. Novell's ownership of WordPerfect lasted less than two years.
    1997 - U.S. box office receipts to date for the film “Jerry McGuire”, starring Tom Cruise and Cuba Gooding, Jr., had climbed to $150,850,000; “The English Patient” had brought in $76,259,531. Top box office producer on this date, however, was George Lucas's re-released science fiction classic, “Return of the Jedi”, which had a reported accumulated U.S. box office gross of $308,453,687; trailing behind it was the re-released “The Empire Strikes Back”, with an accumulated gross of $290,158,751. 
    1997 - IBM's supercomputer Deep Blue made chess history by defeating Gary Kasparov, the first time a reigning world champion had been bested in a match by a machine. 
    1999 - After two years of work, Columbia Records released Latin heartthrob Ricky Martin's fifth album, a self-titled cross-over to English. This album was a calculated decision, and the album's first hit, "Livin' La Vida Loca" shot to the top of the charts. Martin's third and fourth solo efforts went gold. His fourth album "Vuelve" had sold more than 6 million copies worldwide. 
    2003 - In his last at-bat on the current home stand, 38-year-old first baseman Rafael Palmeiro drives a 3-2 fastball thrown by Indian hurler David Elder to become the second player this season and 19th overall to hit his 500th career home run. The 370-foot shot over the right field wall at The Ballpark in Arlington makes Raffy the first native of Cuba to reach the coveted milestone.
    2004 - After missing yesterday's game to become to become an American citizen, Red Sox left fielder Manny Ramirez, much to the delight of the Fenway faithful, leads his teammates out of the dugout waving an American flag to celebrate his first day as a citizen of the United States. As the 31-year native Dominican Republic comes to bat, “America” by Neil Diamond is played over the PA system.
    2005 - Strong thunderstorms affected parts of the U.S. Great Plains. In the Hastings, Nebraska area, significant severe weather occurred, including very large hail, damaging winds and widespread flooding. Radar estimated rainfall accumulation locally exceeded 10 inches.
    2006 - Hideki Matsui’s streak of playing in every game since starting his MLB career with the Yankees in 2003 ends at 518 games as the left fielder breaks his left wrist attempting to make a diving catch. The 31-year Japanese star established the big league record for consecutive games to start a career, surpassing Hall of Fame infielder Ernie Banks, who played in 424 contests at the start of his playing days with Cubs from 1953-56.




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