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Kiplingers Interview With Bill Miller

Like fellow Baltimorean Cal Ripken, Bill Miller will forever be defined by the streak. Miller’s streak — beating the return of Standard & Poor’s 500-stock index for 15 straight years — ended with a thud in 2006. His Legg Mason Value Trust trailed the index by ten percentage points. His newer, more-flexible fund, Legg Mason Opportunity Trust, a member of the Kiplinger 25, also lagged, but by only two percentage points.

So is Miller, at age 57, past his prime? Did the pressure of continuing his remarkable run drain him of the zeal to deliver the kind of returns that made him the most famous mutual fund manager on the planet?

Hardly. The streak was overblown to start with. It was partly an accident of the January-through-December calendar year — Legg Mason trailed the market during a number of other 12-month periods. Still, Miller remains one of the sharpest, most innovative thinkers in the investing game, as we were reminded during a recent interview at Legg Mason’s headquarters, next to Baltimore’s striking Inner Harbor.

Miller is particularly impressive when he argues about the foibles of most value investors and defends his own approach. In the late 1990s, he was criticized for being a value investor in name only because he owned shares of AOL, Dell and Amazon.com. Today, his big stake in Google once again leads some to question his credentials as a bargain hunter. But Miller turns the tables on his critics.

KIPLINGER’S:
How does it feel now that you no longer have to defend your streak?

MILLER: Unfortunately, I still have to bear the burden of competing against the S&P 500. I just have to bear it now without the advantage of the streak.

You’ve said that you like to take advantage of errors that others make. What are today’s big errors?
At the broadest level, the big error is in how mega-cap stocks in the U.S. are being valued. I’m talking about companies like General Electric (GE), Microsoft (MSFT), AIG (AIG).

You’re not the only one saying this. What will it take to get the mega caps to move?
Time. My guess is that they will move this year because they’ve been cheap for several years, and they haven’t done anything in all that time. I expect the economy to slow this year, and historically, that kind of environment has been good for mega caps. In a slowing economy, they’re perceived to be safer. And they are safer. The top 50 names in the S&P 500 have lower price-earnings ratios, higher dividend yields, higher returns on equity and capital, better balance sheets, and more-balanced earnings than the bottom 450 names.

Do you make portfolio decisions based on this big-picture analysis?
No. We don’t have a forecast-and-trend approach — meaning we don’t make a forecast of what we think is likely to happen, or what trends are likely to occur, and then adjust our portfolio to conform to the forecasts. We estimate the intrinsic value of our companies and invest where we can get the greatest discount to intrinsic value. Then we try to understand the environment we’re operating in. But we start with valuation — that’s always number one. We’re saying that large-cap stocks are cheap historically. Then the questions are: Why are they cheap? What does the environment look like? What’s happened in the past? What’s caused things to change? We invest where we think we can get the best risk-adjusted rate of return. So we’re adding to GE and AIG in Value Trust, establishing a position in GM, and cutting back on stocks with smaller market caps. Opportunity is different because its mandate is so broad.

You’ll consider stocks that most value investors won’t touch. How do you justify owning a Google? This is what I call the value conundrum. Look at what have been the biggest wealth-creating companies: Microsoft, Wal-Mart (WMT), GE, Johnson & Johnson (JNJ). You could have bought Microsoft in 1991 at 35 times earnings and made 40 times your money over the next ten years. If you had bought Wal-Mart when it went public, you would have paid 20 times earnings and you would have made 10,000%. If a stock goes up 30 or 40 times in ten years, it has to have been grossly underpriced to begin with. So Microsoft was not expensive at 35 times earnings. It was one of the best bargains out there.

In retrospect.
Yes, in retrospect. So was Cisco Systems (csco). So were a lot of companies. What are value investors supposed to do? They’re supposed to be able to find the bargains. The conundrum is, why do the greatest value-creating companies almost never find their way into value investors’ portfolios? And the answer is that value investors won’t look at those companies when they’re actual bargains because it’s hard to tell the difference between them and companies that are valued similarly that aren’t going to do that well. So value investors have systematically ignored companies that could have made them huge amounts of money over time because the companies looked expensive on the surface, even though they weren’t.

Getting back to Google (GOOG), what is its P/E?
The consensus earnings estimate for 2007 is nearly $15, so the P/E is in the low 30s.

But you think its growth potential and its future cash flow make it cheap today?
Yes. It trades at 24 times next year’s earnings estimates. We can’t find any other company in the market with a faster revenue growth rate and higher profit margins, and that dominates its business like Google but has a lower P/E multiple. MasterCard now has a higher 2008 P/E than Google!

It’s that unique? Google trades at a lower multiple than Starbucks (SBUX). Now, Starbucks is a great company, but Starbucks is growing at half Google’s rate. On next year’s estimated earnings, Google’s P/E is six points higher than Coca-Cola’s, but Coke long term is only an 8% grower.

At the other extreme, you have a huge stake in Eastman Kodak (EK). That seems to be a value trap.
It has been.

Why do you have faith in it?
We don’t have faith; we have beliefs based on evidence. Kodak has been a value trap because the time required to make the transition from where it was to where it will be at the end of this year was a lot longer than we thought it would be. And we underestimated the cultural change that was required of the company. It had a 100-year history of dominating a super-profitable business with almost no technological change. When Antonio Perez became CEO a couple of years ago, he pointed out that there’s a certain mind-set that goes with that: complacency, and a tendency to move slowly because decisions don’t have to be made quickly.

Is your case based on Kodak’s entry into the inkjet-printer business? The new printer business is part of the thesis, which is that Kodak has introduced a technology that has the potential to disrupt the entire industry because it will be able to charge a lot less for ink cartridges — about half the current price.

What’s the rest of the thesis?
It’s simple. Throughout this entire transition, during which sales from film have dropped by almost two-thirds, Kodak has continued to generate about $1 billion in free cash flow before restructuring charges. That’s because as film sales have dropped, its graphic-communications and digital businesses have improved. Investors today are valuing $1 billion of free cash flow at $14 billion to $15 billion in the marketplace. But Kodak’s market value is just $6 billion. Why is it so low? Because for each of the past four or five years, Kodak had cash restructuring costs — for environmental-cleanup liabilities, for the costs of closing plants, for severance when there were layoffs — that have totaled roughly $600 million to $700 million per year at the peak. There will be $500 million to $600 million in additional restructuring charges this year related to closing film plants and the sale of Kodak’s health-care business. Next year, there will be no restructuring charges. Unless the business gets a lot worse in the next year or so, Kodak will do $1 billion to $1.2 billion of free cash flow in 2008. And if that happens, the stock should be up 50% to 100% in that period of time.

How much of Kodak do you own? Legg Mason owns 24%. We and three other firms own half the company.

Which stock in Opportunity has the greatest potential? Over the next three years, MannKind. It is a biotechnology company started by a guy named Al Mann. Mann is eightysomething years old and is worth a couple of billion dollars. He’s made all of his money starting and selling medical companies of one sort or another. One of my analysts came to me a year ago and said there’s a little biotech company and there’s insider buying of its shares by the CEO. I said, “That can’t be right because there’s never any insider buying at biotech companies, only insider selling.” I looked, and sure enough, the CEO was buying stock. MannKind is developing an inhalable version of insulin for diabetes, which is a rapidly growing disease of affluence. The drug is now in stage-III trials. Pfizer already has a product out called Exubera, but it looks like a mini saxophone. The MannKind product looks like a little asthma inhaler. You pop it out, take a hit and put it back in your pocket. So far, there are no side effects whatsoever. If it in fact goes through these trials and wins approval, it could be as big as Lipitor, which is a $13-billion-a-year drug. That’s worth $50 billion or $60 billion in market capitalization, and MannKind’s market cap is just $1.5 billion. So that’s a pretty good risk-reward situation.

Is it true you require members of your team to participate in a book club? Yes.

What’s the theory behind this requirement?
There are important things that we, as investors, need to understand. And it’s valuable to have everyone on the same page by reading the same book, then have authors come in and talk about their ideas. For example, we’ve had Peter Bernstein, who wrote Against the Gods: The Remarkable Story of Risk, come in and talk about notions of risk and return.

What are you reading now? A book by Katrina Firlik called Another Day in the Frontal Lobe: A Brain Surgeon Exposes Life on the Inside. It’s basically an inside look at what it’s like to be a neurosurgeon and a little bit about the brain. Upcoming books are The Halo Effect, by Phil Rosenzweig, and The Difference, by University of Michigan professor Scott Page. It’s about diversity theory.

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Today’s 52 Week Lows

Here are today’s new lows, look familiar?

Meritage Homes (MTH)

KB Homes (KBH)

Beazer Homes (BZH)

Providant Financial Services (PFS)

New Century Bancorp (NCBC)

Everyday we have 2 or 3 homebuilders hitting new lows. sooner or later they have to bottom. I think folks are betting on later… much later

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Today’s Upgrades / Downgrades

Here late Tuesday’s and this mornings early analyst calls

UPGRADES:

Huntsman HUN BB&T Capital Mkts Hold » Buy

Albemarle ALB KeyBanc Capital Mkts / McDonald Buy » Aggressive Buy

DSW DSW Matrix Research Sell » Hold

Lawson Software LWSN Matrix Research Strong Sell » Sell

Trump Entertainment TRMP Brean Murray Hold » Buy

Avon Products AVP Bernstein Underperform » Mkt Perform

Siemens AG SI Lehman Brothers Equal-weight » Overweight

DOWNGRADES:

Monsanto MON Matrix Research Strong Buy » Buy

Arris ARRS UBS Buy » Neutral

Greenbrier Comp GBX Bear Stearns Outperform » Peer Perform

General Motors GM Bear Stearns Outperform » Peer Perform

Dobson Comm DCEL RBC Capital Mkts Outperform » Sector Perform

CNH Global CNH UBS Neutral » Reduce

MRV Comms MRVC Needham & Co Buy » Hold

Brown-Forman BF.B Matrix Research Buy » Hold

Movie Gallery MOVI Soleil Hold » Sell

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Martin Whitman On Investment Risk

This is a great letter from Martin Whitman on avoiding investment risk. It is long and well worth the read.

AVOIDING INVESTMENT RISK

During the quarter, I read an interesting book, The Great Risk Shift, by Jacob S. Hacker, a Political Science Professor at Yale University. The gravamen of the book is that in recent years – the George Bush years – various risks, i.e., job risk, family stability risk, retirement risk and healthcare risk, have been shifted increasingly from corporations and governments onto the backs of individuals. The raison d’etre for The Great Risk Shift is to foster the creation of an ownership society where the beneficiaries of say, pension plans and health plans, take the risks that go with ownership by being responsible for investing funds with no guarantees of minimum returns.

What the proponents of this type of ownership risk fail to recognize is that the most successful owners do not take risks. They lay off the risks onto someone else. Professor Hacker’s thesis got me to thinking about investment risk in the financial community and in American business in general. Put simply, the vast majority of great individual fortunes built in this country, especially by Wall Streeters and corporate executives, were not built by people who took investment risks. Rather, the secret to building a great fortune is to avoid, as completely as possible, the taking of any investment risk. Investment risk consists of factors peculiar to a business itself, or the securities issued by that business. Investment risk is a risk separate and apart from market risk. Market risk involves fluctuations in the prices of securities and other readily tradable assets.

A directory of those in the financial community who build great fortunes by avoiding risk include the following:

• Corporate executives who receive stock options or restricted stock. If the common stock appreciates, the executive builds a substantial net worth. If the common stock does not appreciate, the executive loses nothing. Indeed, he may obtain new options at the lower strike price, or new restricted common stock.

• Members of the Plaintiffs’ Bar who bring class action lawsuits in order to earn contingency fees. The expenses involved in financing such lawsuits are minimal, and it is remote that Plaintiffs’ attorneys ever incur costs for sanctions or for paying defendant’s costs and fees. The fee awards obtained tend to be huge upon settlement of such lawsuits, or less frequently, obtaining a favorable verdict for the plaintiffs after trial.

• Initial Public Offering (“IPO”) underwriters and sales personnel. If you run a promising private company and desire to go public, you will find that many potential underwriters will compete for your business. However, as a general rule they will not compete on price. The price will be a 7% gross spread plus expenses. Thus, on a $10 IPO, the gross spread will be $0.70 per share. In contrast, to buy a $10 stock in a secondary market like the New York Stock Exchange, a customer can negotiate a commission rate of, say, $0.02 to $0.05 per share.

• Bankruptcy Professionals; Lawyers and Investment Bankers. Chapter 11 is now set up so that bankruptcy professionals have to be paid in cash, on a pay as you go basis (with only minor holdbacks), where such payments are given a super priority so that these professionals very rarely have any credit risk at all. Attorneys’ fees billed at up to $900 per hour, and investment banking fees of over $300,000 per month (plus success fees) are not uncommon.

• Money Managers, Mutual Fund Managers, Private Equity and Hedge Fund Managers. Normal fees might range from 1% of Assets Under Management (“AUM”) to 2% of AUM plus 20% of annual realized or unrealized capital gains (after a bogey, of say 6%, paid or accrued to limited partners). These fees are paid to entities which receive the cash fees without incurring any credit risk in business entities which have few physical assets and very little necessary overhead. Most hedge funds are Limited Partnerships (“LPs”) where the money manager is the General Partner (“GP”) and Outside Passive Minority Investors (“OPMIs”) are the LPs. An LP has been waggishly described as a business association where at the beginning the GP brings experience and the LPs bring money. At the end of the business association, the GP has the money and the LP has the experience.

• Venture Capitalists. These people finance a portfolio of start-ups, and then are able to realize astronomic prices on some of the portfolio companies when they occur, as they always seem to do from time to time, IPO speculative booms.

• Real Estate Entrepreneurs, especially investment builders. Two keys to making fortunes in large scale real estate projects are the availability of long-term, fixed interest rates, non-recourse financing, and income tax shelters. In terms of understanding corporate finance, economists have it all wrong when they say “there is no free lunch”. Rather, the more appropriate comment ought to be “somebody has to pay for lunch – and it isn’t going to be me.” Third Avenue is basically an OPMI. As such, it seems impossible to avoid investment risk. The methods by which TAVF attempts to alleviate investment risk are described in the remainder of this letter.

1. Buy Cheap. Warren Buffett, the Chairman of Berkshire Hathaway (BRK.A), describes his investment technique as trying to buy good companies at reasonable prices. Warren, however, is a control investor, and while a reasonable price standard has worked remarkably well for Berkshire Hathaway, that standard is not good enough for TAVF, an OPMI. The Fund has to try to buy at bargain prices, i.e., cheap. The definition of “cheap” for TAVF in acquiring common stocks in the vast majority of cases is acquiring issues at prices that reflect substantial discounts from readily ascertainable NAVs. Further, the Fund acquires such NAV common stocks only when Fund management believes that the prospects are reasonable that over the long term such NAVs will increase by not less than 10% per year compounded.

Common stock holdings which met these standards when acquired by the Fund include Toyota Industries (TM), Forest City Enterprises (FCE-A), Brookfield Asset Management (BAM), Cheung Kong Holdings, Posco and Wheelock. I doubt very much if those discount prices would have existed if any of those issues were likely to be subject to a change of control. That type of cheapness is one of the advantages of being an OPMI. Readily ascertainable NAVs means that the Third Avenue common stock portfolio is, to a large extent, concentrated in financial institutions and companies involved with income-producing real estate. Third Avenue’s portfolio contains almost no common stocks of companies engaged in old-line manufacturing.

Control investors can afford to pay up versus TAVF because control investors are in a position to undertake financial engineering, and to cause management changes. Third Avenue leaves companies as-is, and places particular efforts into buying into well-managed businesses with stable, but clearly superior, managements. This seems to have been achieved in establishing relatively large positions in the companies mentioned in the previous paragraph, as well as in acquiring large positions in Nabors Industries (NBR), Power Corp., St. Joe (JOE) and Mellon Financial. “In terms of understanding corporate finance, economists have it all wrong when they say ‘there is no free lunch’. Rather, the more appropriate comment ought to be ‘somebody has to pay for lunch – and it isn’t going to be me.’”

2. Buy Equity Interests Only in High Quality Businesses. The Fund does not knowingly acquire the common stock of any company unless that company enjoys a super strong financial position. TAVF tries to buy into reasonably well-managed companies. Fund management appreciates the fact that any relationship between al statements. OPMIs and corporate managements combine communities of interests and conflicts of interest; Third Avenue Management tries to restrict itself to situations where the communities of interest seem to outweigh the conflicts of interest. Third Avenue restricts its common stock investments to companies whose businesses are understandable to Fund management and where there exists full documentary disclosure, including audited financing

3. TAVF tries to operate on a low cost basis for its shareholders. The fiscal 2006 expense ratio was 1.08%. Third Avenue has no 12-b(1) charges, is a no-load fund and imposes no redemption fees on long-term shareholders. Since portfolio turnover is low, transaction, i.e., trading, costs, too, are low.

4. The Fund ignores market risk. Fluctuations in market prices are mostly a random walk with changes in market prices not in any way a measure of long-term investment risk, or investment potential. It is as Ben Graham used to say, “In the short run the market is a voting machine. In the long run the market is a weighing machine.” Most competent control investors, again like Warren Buffett, pretty much ignore market risk also in that little, or no, weight is given to daily, or even annual, marks to market for portfolio holdings.

5. Buy growth, but don’t pay for it. In the financial community, growth is a misused word. Most market participants don’t mean growth, but rather, mean generally recognized growth. In so far as growth receives general recognition, a market participant has to pay up. To my mind, Cheung Kong Holdings, Forest City Enterprises, Covanta and Toyota Industries are growth companies. When the common stocks were acquired, none of these issues enjoyed general recognition as having growth potential.

6. TAVF is a buy-and-hold investor. Although our entry point into a common stock is a bargain price, the Fund will continue to hold a security where Fund management believes that the business has reasonable prospects that it can, over the long run, increase annual NAV by a double digit number; and where Fund management does not
believe it made a mistake. Mistakes are measured by beliefs that there has occurred a permanent impairment in underlying value or financial position. The Fund will also sell if there is a belief that the security is grossly overpriced. Finally, the Fund will sell for portfolio considerations; i.e., where there are massive enough redemptions of Fund shares so that the liquidity of the Fund is threatened. As one can see by our sales activity during the quarter, most of our sales occur when a company is taken over.

7. The Fund does not borrow money and, thus, invests without financial leverage. Furthermore, the TAVF portfolio has a cash cushion. Usually 10% to 20% of Fund assets are in cash or credit instruments without credit risk. Obviously, an investment by you in TAVF does entail investment risk. Fund management, however, is doing the best it can to try to minimize investment risk. Toward this end, and as our business continues to grow, we thought it would be prudent to charge a senior member of our investment team with the responsibility of preserving the integrity of our research process. I am pleased to inform you that portfolio manager, Yang Lie, has been named Director of Research for Third Avenue Management. Yang has been with Third Avenue more than ten years, as both an analyst and portfolio manager, and is extremely well qualified to assist Curtis Jensen and me, as co-Chief Investment Officers, in leading the team. Research has always been at the core of what we do here at Third Avenue. Each of the 21 members of our research team is an analyst first and foremost, whether or not he or she also manages portfolios. In this new role, Yang will add structure to the organization, enabling us to manage the assets you have entrusted to us even more effectively.

I will write to you again when the report for the period to end July 31, 2007 is published.

Marin J. Whitman

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"Fast Money" Picks and Results

Here are the picks for Thursday and Tuesday’s results

Jeff Macke recommends Disney (DIS) going into the holiday weekend because of its theme parks and that rat movie. Open $34.54

Pete Najarian says watch Hilton (HLT) this weekend because “someone is looking” at the hotel chain. Open $36.05

Guy Adami reiterates his bullishness on Freeport-McMoRan (FCX) Open $85.10.

Eric Bolling calls Chevron (CVX), the “best energy name on the board.” Open $86.33

Here is how Monday’s picks fared Tuesday:

Jeff Macke liked McDoanld’s (MCD) Open $51.38 Close $41.40 Gain $.02

Pete Najarian recommended Quiksilver (ZQK) because he thinks they’re a takeover target. Open $14.36 Close $14.32 Loss $.04

Guy Adami recommended Freeport-McMoRan (FCX). Open $84.68 Close $85.10 Gain $.42

Eric Bolling liked Synchronoss Technologies (SNCR) which he thinks is as a takeover target. Open $28.59 Close $33.04 Gain $4.45

Records:

Since my tracking began on 6/21 (1-1 means one up pick and one down pick)

Adami= 5-4 Gain $29.72
Bolling= 5-3 Loss $6.18
John Najarian= 6-3 Gain $2.57
Macke= 9-5 Gain $6.74
Pete Najarian=3-0 Gain $20.20
Seymore= 1-0 Gain $.35
Finerman= 0-1 Loss $.18

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The Declaration Of Independence

In the honor of our great nation’s birth, this will be the only post today

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

The 56 signatures on the Declaration appear in the positions indicated:

Column 1
Georgia:
Button Gwinnett
Lyman Hall
George Walton

Column 2
North Carolina:
William Hooper
Joseph Hewes
John Penn
South Carolina:
Edward Rutledge
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Arthur Middleton

Column 3
Massachusetts:
John Hancock
Maryland:
Samuel Chase
William Paca
Thomas Stone
Charles Carroll of Carrollton
Virginia:
George Wythe
Richard Henry Lee
Thomas Jefferson
Benjamin Harrison
Thomas Nelson, Jr.
Francis Lightfoot Lee
Carter Braxton

Column 4
Pennsylvania:
Robert Morris
Benjamin Rush
Benjamin Franklin
John Morton
George Clymer
James Smith
George Taylor
James Wilson
George Ross
Delaware:
Caesar Rodney
George Read
Thomas McKean

Column 5
New York:
William Floyd
Philip Livingston
Francis Lewis
Lewis Morris
New Jersey:
Richard Stockton
John Witherspoon
Francis Hopkinson
John Hart
Abraham Clark

Column 6
New Hampshire:
Josiah Bartlett
William Whipple
Massachusetts:
Samuel Adams
John Adams
Robert Treat Paine
Elbridge Gerry
Rhode Island:
Stephen Hopkins
William Ellery
Connecticut:
Roger Sherman
Samuel Huntington
William Williams
Oliver Wolcott
New Hampshire:
Matthew Thornton

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Today’s 52 Week lows

Here is the list of today’s cellar dwellers


Bold
means repeat offenders:

Lennar (LEN)

Hovnanian Homes (HOV)

Beazer Homes (BZH)

Discover Financial Services (DFS)

Standard Pacific (SPF)

Movie Gallery (MOVI)

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Dow Chemical Completes Acquisition

If Liveris says it will happen, it will.

Dow Chemical(DOW) announced on Monday it has completed the purchase German chemical maker Bayer AG’s (BAY) Wolff Walsrode cellulosics business for about $725 million including the assumption of debt and pension commitments. They also announced the launch of a new specialty business unit, Dow Wolff Cellulosics, a specialty business unit with over $1 billion in annual sales. It is a combination of the Wolff Walsrode business and Dow’s water-soluble polymers business.

The acquisition, which is expected to add to earnings within a year, is in-line with Midland, Michigan-based Dow’s strategy of growing its specialty chemicals business.

This is yet another move by CEO Andrew Liveis that is perfectly in keeping with his announced strategy for DOW. In April he said on CNBC to David Faber, “We have put the company back in charge of its own future which includes, acquisitions. Now, acquisitions of what companies or what businesses? You’ve read the strategy I am sure and you just implied it when you referred to GE plastics, we are looking for downstream businesses that provide earnings growth and earnings momentum that compliment our own businesses…..”

“…. I won’t comment on any specific deal (after being asked about his interest in GE Plastics) but with over 60 deals in the works, we are looking at everything. It is the deals we haven’t done that are the most instructive. This is a company that financial discipline and making sure that the deals we do do, fit our strategy and we are not just going to come around and buy whatever is available. Now, having said that, look at the profiles, look at the downstream businesses, we are not interested in more commodities, we are interested in technology rich downstream businesses.”

Liveris has also said the any acquisition Dow would make “must be immediately accredive to earnings” and this one again fits the bill perfectly.

Liveris has said he wants a coatings and a water business of $3 to $4 billions each. This only means one thing, more Dow acquisitions in the near future using it’s growing cash pile. How can I be so sure?

To date, everything Liveris has said has come to fruition, there is no reason to start doubting him now.

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Today’s Upgrades & Downgrades

Here is late yesterday’s and this mornings analyst calls

Upgrades:

Trump Entertainment TRMP Brean Murray Hold » Buy

Avon Products AVP Bernstein Underperform » Mkt Perform

Siemens AG SI Lehman Brothers Equal-weight » Overweight

Northstar Realty NRF Wachovia Mkt Perform » Outperform

Business Objects BOBJ UBS Neutral » Buy

Downgrades:

Toll Brothers TOL Citigroup- Buy » Hold

Ryland Group RYL Citigroup- Buy » Hold

Pulte Homes PHM Citigroup- Buy » Hold

Lennar LEN Citigroup- Buy » Hold

KB Home KBH Citigroup- Buy » Hold

DR Horton DHI Citigroup- Buy » Hold

Hovnanian Enterprises HOV Citigroup- Buy » Hold

Camden Property CPT UBS- Buy » Neutral

BRE Properties BRE UBS- Buy » Neutral

Cache CACH Sun Trust Rbsn Humphrey Buy » Neutral

HCR Manor Care HCR Wachovia Outperform » Mkt Perform

Caterpillar CAT UBS Neutral » Reduce

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Blockbuster Shareholders Now Have Hope

Finally, Blockbuster (BBI) gives investors a reason to smile. In a Carl Icahn lead revolt, John Antioco was finally fired as chief executive officer and chairman of Blockbuster on Monday, ending a tenure that was highly criticized from the billionaire investor who owns 9.6% of the outstanding shares. Antioco’s leadership was marked by company shares plummeting 82.9% over the past five years.

James Keyes, who will replace Antioco previously served as president and chief executive of 7-Eleven. Shares of the Blockbuster jumped 3.5%, or 15 cents, to close at $4.46 on the news. Said Icahn, “Jim is results-oriented, strategic and able to identify practical, yet highly creative solutions to complicated business problems,”

In an apparent change to Antioco’s reluctance to close stores, Keyes said “as the technology continues to evolve it will be my job to have Blockbuster front and center as a player in those areas of technology”.

Under Keyes’ leadership as president and CEO of 7-Eleven from 2000 to 2005, the company experienced record sales and profits and implemented new retail systems technology that improved product assortment decisions in every store. He also ushered in a new era for 7-Eleven through the introduction of a host of new electronic services, which helped the convenience-store chain become as well known for its cutting-edge use of technology as for Slurpees®. Additionally, he collaborated with manufacturers across all merchandise categories to develop new products, enabling the company to introduce as many as 50 new items each week in advance of the competition. When Keyes retired upon the sale of the company in 2005, 7-Eleven had produced 36 consecutive quarters of same-store sales increases and had some 6,000 franchised and company-owned stores in the U.S. and Canada with 30,000 stores worldwide.

This is a move that could really pay off for shareholders. If nothing else, he cannot screw things up there any more than they are now. For under $5 a share, it just might be worth taking a gander. I want to see what Keyes will do, I want to see more that 290 stores closed this year. Double it and I become a buyer.

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"Fast Money" 7/2

Here are today’s picks and results to date:

Jeff Macke likes McDoanld’s (MCD) Open $51.38.

Pete Najarian recommends Quiksilver (ZQK) because he thinks they’re a takeover target. Open $14.36

Guy Adami recommends Freeport-McMoRan (FCX). Open $84.68

Eric Bolling likes Synchronoss Technologies (SNCR) which he thinks is as a takeover target. Open $28.59


Here is how Friday’s picks fared Monday:

Jeff Macke recommended adding tech positions and says Hewlett Packard (HPQ), Open- $44.62 Close $45.19- Gain $.57, Dell (DELL) Open- $28.55 Close $28.93- Gain $.38 and Intel (INTC) Open- $23.74 Close $24.27-Gain $.53

Pete Najarian likes China through the Beijing Olympics. He recommends China Mobile (CHL) Open- $53.90 Close $55.27- Gain $1.37, China Unicom (CHU) Open- $17.23 Close $17.63- Gain $.40 and Baidu.com (BIDU) Open- 167.98 Close $186.41- Gain $18.43.

Guy Adami recommends Cisco (CSCO) Open $27.85 Close$37.89- Gain $.04

Jon Najarian liked Disney (DIS) Open $34.14 Close $34.52- Gain $.38

Records:

Since my tracking began on 6/21 (1-1 means one up pick and one down pick)

Adami= 4-4 Gain $29.28
Bolling= 4-3 Loss $1.73
John Najarian= 6-2 Gain $2.61
Macke= 8-5 Gain $6.72
Pete Najarian=3-0 Gain $20.20
Seymore= 1-0 Gain $.35
Finerman= 0-1 Loss $.18

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Today’s 52 Week Lows

Here are today’s cellar dwellers. It is a homebuilding deluxe…

Meritage Homes- MTH

Lennar- LEN

Hovnanaian- HOV

Beazer Homes- BZH

American Home Mtg.- AHM

New Century Bancorp- NCBC

Leesport Financial- LFPB

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DJIA Leaders & Laggards Year To Date

Here are the top and bottom five performers year to date on the DJIA

LEADERS:

1- Alcoa (AA)= 35.1%

2- Caterpillar (CAT)= 27.7%

3- Honeywell (HON)= 24.4%

4- General Motors (GM)= 23.1%

5- AT&T (T)= 16.1%

LAGGARDS:

1- Citigroup (C)= -7.9%

2- Johnson & Johnson (JNJ)= -6.7%

3- Proctor & Gamble (PG)= -4.8%

4- AIG (AIG)= -2.3%

5- Home Depot (HD)= -2%

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"Fast Money" : Monday’s Picks and Friday’s Results

Jeff Macke recommended adding tech positions and says Hewlett Packard (HPQ), Open- $44.62, Dell (DELL) Open- 28.55 and Intel (INTC) Open- 23.74

Pete Najarian likes China through the Beijing Olympics. He recommends China Mobile (CHL) Open- $53.90, China Unicom (CHU) Open- $17.23 and Baidu.com (BIDU) Open- 167.98.

Guy Adami recommends Cisco (CSCO) Open $27.85.

Jon Najarian like Disney (DIS) Open $34.14

FRIDAY’S RESULTS:

Macke- Ford (F) Open $9.49, Close $9.42= Loss $.07

Najarian- Immersion Corp (IMMR)Open $14.37, Close $14.98 = Gain $.61

Adami- Dell (DELL). Open $28.45, Close $28.55= Gain $.10

Bolling- Chevron (CVX). Open $84.14, Close $84.24= Gain $.10

Records:

Since my tracking began on 6/21 (1-1 means one up pick and one down pick)

Adami= 3-4 Gain $29.24
Bolling= 4-3 Loss $1.73
Najarian= 5-2 Gain $2.23
Macke= 5-5 Gain $6.23
Seymore= 1-0 Gain $.35
Finerman= 0-1 Loss $.18

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Today’s Upgrades and Downgrades

Here is this morning’s analyst action.

UPGRADES:

Archer-Daniels Midland- ADM Banc of America Sec Neutral » Buy

McClatchy- MNI Wachovia Mkt Perform » Outperform

American Financial Realty Trust- AFR UBS Neutral » Buy

Santarus- SNTS Susquehanna Financial Negative » Neutral

Commerce Bancorp- CBH RBC Capital Mkts Underperform » Sector Perform

Tribune- TRB Deutsche Securities Hold » Buy


DOWNGRADES:

Intlernational Paper- IP Credit Suisse Outperform » Neutral

Meruelo Maddux- MMPI UBS Buy » Neutral

SanDisk- SNDK CIBC Wrld Mkts Sector Outperform » Sector Perform