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Starbucks (SBUX): Plans Have Potential

Based on news reports, Starbucks may just finally be seeing reality.

Starbucks (SBUX) reported net income for the second quarter of $108.7 million or $0.15 per share, compared to $150.8 million or $0.19 per share for the year-ago quarter or $208.1 million or $0.28 per share. Operating income for the second quarter fell 26% to $178.2 million or 7.1% of revenue from to $241.0 million or 10.7% of revenue in the prior year. Decreased consumer traffic resulted in a mid-single-digit decline in U.S. same-store sales.

Now, most of knew this was coming no matter how long management denied it both to themselves and in public. The question is, “what are you going to do about it”?

For a while I have been saying an ax needed to be taken to expansion plans. It seems management may finally be acquiescing.

Management lowered U.S. store opening targets for fiscal 2008 to about 1,020 net new stores from its previously lowered target of 1,175. International store openings are expected to remain as previously announced at 975 stores. The company still expects capital expenditures for fiscal year 2008 to be about $1.1 billion.

Here is the good part. They then said they plan to open significantly fewer new stores in the U.S. over the 2009 to 2011 period to less than 400 net new stores per year. However, they plan to continue to accelerate the International unit expansion, targeting net new store openings of 1,050 in 2009, 1,150 in 2010, and 1,300 in 2011. They said total store count will be about 21,500 stores by the end of fiscal 2011, with its international presence growing from about 30% to over 40%.

This, in conjunction with the new drinks planned are steps in the right direction, if executed properly.

Does it mean shares are a buy? No. If the new drinks are $5 a pop they will flop and more pain is in store. If the economy stays flat and Starbucks rigidly sticks to US expansion and pricing plans, more negative stores comps are coming.

At least they are acknowledging the need to change. But, acknowledging it and actually executing it properly are two very different things. Based on the past year, proof is needed before investing.

If Schultz wants to be the high priced alternative in the market, fine, just do not promise investors 18% EPS growth in the current environment. It gives people the impression either you do not know what is going on out there are are lying. Neither is a good one.

Disclosure (“none” means no position):None

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Thursday's Upgrades and Downgrades


Upgrades
Berkshire Hills Bancorp (BHLB)- Sterne Agee Hold » Buy
Northwest Banc (NWSB)- Janney Mntgmy Scott Sell » Neutral
Beckman Coulter (BEC)- Leerink Swann Mkt Perform » Outperform
Rogers Comms (RCI)- BMO Capital Markets Market Perform » Outperform
Align Tech (ALGN)- Barrington Research Underperform » Mkt Perform
Arris (ARRS)- CL King Accumulate » Strong Buy
G&K Svcs (GKSR)- Needham Hold » Buy
Dreamworks Animation (DWA)- Wedbush Morgan Hold » Buy
SI International (SINT)- Stifel Nicolaus Hold » Buy
CBS Corp (CBS)- Citigroup Sell » Hold
Ruby Tuesday (RT)- Sun Trust Rbsn Humphrey Neutral » Buy
Buffalo Wild Wings (BWLD)- Cowen & Co Neutral » Outperform
LMI Aerospace (LMIA)- Wachovia Mkt Perform » Outperform
Buffalo Wild Wings (BWLD)- KeyBanc Capital Mkts Hold » Buy
Rogers Comms (RCI)- CIBC Wrld Mkts Sector Perform » Sector Outperform
Agnico-Eagle Mines (AEM)- HSBC Securities Underweight » Neutral
Vimicro (VIMC)- Roth Capital Hold » Buy
Angiotech Pharm (ANPI)- RBC Capital Mkts Sector Perform » Outperform
Smith & Nephew (SNN)- Wachovia Mkt Perform » Outperform
Silver Wheaton (SLW)- CIBC Wrld Mkts Sector Underperform » Sector Perform
Denny’s (DENN)- Merriman Curhan Ford Neutral » Buy
Ritchie Bros. (RBA)- Robert W. Baird Neutral » Outperform
James River Coal (JRCC)- UBS Neutral » Buy
Marshall & Ilsley (MI)- Bernstein Mkt Perform » Outperform
BP (BP)- Credit Suisse Neutral » Outperform
France Telecom (FTE)- JP Morgan Underweight » Neutral
The Knot (KNOT)- Oppenheimer Perform » Outperform

Downgrades
Gildan Activewear (GIL)- BB&T Capital Mkts Buy » Hold
QLogic (QLGC)- Caris & Company Above Average » Average
Hutchinson (HTCH)- Caris & Company Average » Below Average
Cognex (CGNX)- Needham Strong Buy » Buy
T. Rowe Price (TROW)- Stifel Nicolaus Buy » Hold
Monolithic Power (MPWR)- Needham Strong Buy » Buy
Heidrick & Struggles (HSII)- Robert W. Baird Outperform » Neutral
SAVVIS Comm (SVVS)- Kaufman Bros Buy » Hold
Valero Energy (VLO)- Credit Suisse Outperform » Neutral
FEI Company (FEIC)- Brean Murray Buy » Hold
SAVVIS Comm (SVVS)- Jefferies & Co Buy » Hold
Thornburg Mortg (TMA)- Friedman Billings Outperform » Underperform
Corel (CREL)- Piper Jaffray Buy » Neutral
Martha Stewart (MSO)- RBC Capital Mkts Outperform » Sector Perform
Diamondrock Hospitality (DRH)- JMP Securities Mkt Outperform » Mkt Perform
Health Care Ppty (HCP)- Banc of America Sec Buy » Neutral
Sohu.com (SOHU)- Oppenheimer Outperform » Perform
SAVVIS Comm (SVVS)- Lehman Brothers Overweight » Equal-Weight
Gorman-Rupp Company (GRC)- Friedman Billings Mkt Perform » Underperform
Diamondrock Hospitality (DRH)- Robert W. Baird Outperform » Neutral
Owens & Minor (OMI)- Robert W. Baird Outperform » Neutral
CBS Corp (CBS)- Wachovia Outperform » Mkt Perform
Lear (LEA)- Citigroup Buy » Hold $39 » $34
Chunghwa Telecom (CHT)- Citigroup Buy » Hold
UNUMProvident (UNM)- Keefe Bruyette Outperform » Mkt Perform
MEMC Elec (WFR)- JP Morgan Overweight » Neutral
Health Care Ppty (HCP)- KeyBanc Capital Mkts Buy » Hold

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Thursday’s Upgrades and Downgrades


Upgrades
Berkshire Hills Bancorp (BHLB)- Sterne Agee Hold » Buy
Northwest Banc (NWSB)- Janney Mntgmy Scott Sell » Neutral
Beckman Coulter (BEC)- Leerink Swann Mkt Perform » Outperform
Rogers Comms (RCI)- BMO Capital Markets Market Perform » Outperform
Align Tech (ALGN)- Barrington Research Underperform » Mkt Perform
Arris (ARRS)- CL King Accumulate » Strong Buy
G&K Svcs (GKSR)- Needham Hold » Buy
Dreamworks Animation (DWA)- Wedbush Morgan Hold » Buy
SI International (SINT)- Stifel Nicolaus Hold » Buy
CBS Corp (CBS)- Citigroup Sell » Hold
Ruby Tuesday (RT)- Sun Trust Rbsn Humphrey Neutral » Buy
Buffalo Wild Wings (BWLD)- Cowen & Co Neutral » Outperform
LMI Aerospace (LMIA)- Wachovia Mkt Perform » Outperform
Buffalo Wild Wings (BWLD)- KeyBanc Capital Mkts Hold » Buy
Rogers Comms (RCI)- CIBC Wrld Mkts Sector Perform » Sector Outperform
Agnico-Eagle Mines (AEM)- HSBC Securities Underweight » Neutral
Vimicro (VIMC)- Roth Capital Hold » Buy
Angiotech Pharm (ANPI)- RBC Capital Mkts Sector Perform » Outperform
Smith & Nephew (SNN)- Wachovia Mkt Perform » Outperform
Silver Wheaton (SLW)- CIBC Wrld Mkts Sector Underperform » Sector Perform
Denny’s (DENN)- Merriman Curhan Ford Neutral » Buy
Ritchie Bros. (RBA)- Robert W. Baird Neutral » Outperform
James River Coal (JRCC)- UBS Neutral » Buy
Marshall & Ilsley (MI)- Bernstein Mkt Perform » Outperform
BP (BP)- Credit Suisse Neutral » Outperform
France Telecom (FTE)- JP Morgan Underweight » Neutral
The Knot (KNOT)- Oppenheimer Perform » Outperform

Downgrades
Gildan Activewear (GIL)- BB&T Capital Mkts Buy » Hold
QLogic (QLGC)- Caris & Company Above Average » Average
Hutchinson (HTCH)- Caris & Company Average » Below Average
Cognex (CGNX)- Needham Strong Buy » Buy
T. Rowe Price (TROW)- Stifel Nicolaus Buy » Hold
Monolithic Power (MPWR)- Needham Strong Buy » Buy
Heidrick & Struggles (HSII)- Robert W. Baird Outperform » Neutral
SAVVIS Comm (SVVS)- Kaufman Bros Buy » Hold
Valero Energy (VLO)- Credit Suisse Outperform » Neutral
FEI Company (FEIC)- Brean Murray Buy » Hold
SAVVIS Comm (SVVS)- Jefferies & Co Buy » Hold
Thornburg Mortg (TMA)- Friedman Billings Outperform » Underperform
Corel (CREL)- Piper Jaffray Buy » Neutral
Martha Stewart (MSO)- RBC Capital Mkts Outperform » Sector Perform
Diamondrock Hospitality (DRH)- JMP Securities Mkt Outperform » Mkt Perform
Health Care Ppty (HCP)- Banc of America Sec Buy » Neutral
Sohu.com (SOHU)- Oppenheimer Outperform » Perform
SAVVIS Comm (SVVS)- Lehman Brothers Overweight » Equal-Weight
Gorman-Rupp Company (GRC)- Friedman Billings Mkt Perform » Underperform
Diamondrock Hospitality (DRH)- Robert W. Baird Outperform » Neutral
Owens & Minor (OMI)- Robert W. Baird Outperform » Neutral
CBS Corp (CBS)- Wachovia Outperform » Mkt Perform
Lear (LEA)- Citigroup Buy » Hold $39 » $34
Chunghwa Telecom (CHT)- Citigroup Buy » Hold
UNUMProvident (UNM)- Keefe Bruyette Outperform » Mkt Perform
MEMC Elec (WFR)- JP Morgan Overweight » Neutral
Health Care Ppty (HCP)- KeyBanc Capital Mkts Buy » Hold

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"Fast Money" for Thursday


Thursday’s Picks
Guy Adami likes Cisco (CSCO) $25.64

Karen Finerman prefers Citigroup (C) $25.27

Pete Najarian recommends Chesapeake (CHK) $51.7

Jeff Macke thinks Starbucks (SBUX) $16.23 is a sell.

Wednesday’s Results
Karen Finerman recommends Altria (MO) $20.24 on the dip. Close $20 LOSS

Pete Najarian prefers Biogen (BIIB) $61.33 also on the dip.Close $60.69 LOSS

For the second day in a row Guy Adami recommends shorting the Dow with Short Dow30 ProShares (DOG) $60.65 Close $60.64 LOSS

Jeff Macke thinks Citigroup (C) $26.32 is a sell. Close $25.28 GAIN

2008 Records:
Brian Schaeffer= 0-1
Carter Worth= 1-1
Jon Najarian= 4-3
Jeff Macke= 33-24-1
Tim Seymore= 16-12
Guy Adami= 32-29
Pete Najarian= 34-25
Karen Finerman= 25-28-1
Joe Terrenova= 1-1

2007 Results (Since 6/21):
Guy Adami= 58-46 = 56%
Jeff Macke= 60-40 = 60%
Pete Najarian= 49-41 = 54%

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Lampert Adds an Additional 1 million AutoNation Shares

Edie Lampert has once again increased his stake in autoNation (AN)

He now owns 67.3 million shares after purchasing an additional 1.1 million shares on 4/29.

He now owns 37.6% of the shares

I recently wrote about the company here.

Disclosure (“none” means no position):None

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Fed Cuts One Last Time

The statement from Bernanke & co. was short and sweet.
Here it is:

“The Federal Open Market Committee decided today to lower its target for the federal funds rate 25 basis points to 2 percent.

Recent information indicates that economic activity remains weak. Household and business spending has been subdued and labor markets have softened further. Financial markets remain under considerable stress, and tight credit conditions and the deepening housing contraction are likely to weigh on economic growth over the next few quarters.

Although readings on core inflation have improved somewhat, energy and other commodity prices have increased, and some indicators of inflation expectations have risen in recent months. The Committee expects inflation to moderate in coming quarters, reflecting a projected leveling-out of energy and other commodity prices and an easing of pressures on resource utilization. Still, uncertainty about the inflation outlook remains high. It will be necessary to continue to monitor inflation developments carefully.

The substantial easing of monetary policy to date, combined with ongoing measures to foster market liquidity, should help to promote moderate growth over time and to mitigate risks to economic activity. The Committee will continue to monitor economic and financial developments and will act as needed to promote sustainable economic growth and price stability.

Voting for the FOMC monetary policy action were: Ben S. Bernanke, Chairman; Timothy F. Geithner, Vice Chairman; Donald L. Kohn; Randall S. Kroszner; Frederic S. Mishkin; Sandra Pianalto; Gary H. Stern; and Kevin M. Warsh. Voting against were Richard W. Fisher and Charles I. Plosser, who preferred no change in the target for the federal funds rate at this meeting.

In a related action, the Board of Governors unanimously approved a 25-basis-point decrease in the discount rate to 2-1/4 percent. In taking this action, the Board approved the requests submitted by the Boards of Directors of the Federal Reserve Banks of New York, Cleveland, Atlanta, and San Francisco.”

This is a change from the last statement when it “the outlook for economic activity has weakened further”. This was says “remains weak”. The translation is that as far as economic activity is concerned, there has not been further weakening since the last meeting.

Regarding inflation, the prior meeting said “uncertainty about the inflation outlook has increased” and today’s says it is “high”.

Those are subtle but important changes as it signals the predominant risk now is tilting towards increasing inflation rather than decreasing growth.

Barring a shock to the system, we have seen to last rate cut for the foreseeable future.

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US GDP Grew in Q1: Were is that Recession?

Far from a recession, the economy is still growing…

The U.S. Commerce Department said the economy grew at an annual rate of 0.6% in the first three months of the year, in an initial estimate of gross domestic product for the quarter. The growth matches that of 2007’s final period.

Housing hit the economy. Residential fixed investment dropped by 26.7%, reducing overall GDP by 1.23 percentage points. In short, GDP growth absent housing as an acceptable 1.8%.

Now, clearly financials like Citigroup (C), Wachovia (WB), Merrill Lynch (MER) and Bank of America (BAC) and their investors have suffered. If you are an investor in housing related stocks like Centex (CTX), USG (USG) and DR Horton (DRH) the last thing you want to hear is that the economy is not in recession. In your corner of the world it clearly is. However, while the economy as a whole is growing at a far from acceptable rate, it is STILL GROWING.

Even Berkshire’s (BRK.A) Warren Buffett jumped on the recession call yesterday saying we were already in one. I have to ask Warren on this one. He always says he does not invest on “macro forecasts” because they are never accurate. He also replies when asked about what is going to happen in the future “I have no idea”. My question then is, “why then is he making macro predictions and forecasts now?” To be honest, Warren is the greatest investor ever but he is on TV just way too much lately. What he said meant more when we heard from him occasionally, rather than weekly.

I feel bad for those making the treck out to Omaha this weekend for the annual meeting. What could they possibly hear from him he has not said at least 5 times in the scores of interviews he has done the past two months? I have done it in the past and it is a great time. But, we were hearing new stuff back then, not the rehash this years attendees will get..

Anyway, this quarters growth illustrates the strength of the economy. To take the massive hits from both housing and the credit markets and to be still expanding is quite impressive.

These numbers now push the odds of having an actual recession even lower than they were a month ago. In order to actually have a recession now we need the spring and summer numbers to contract. The need for this from the recession camp is facing strong headwinds as last years rate cuts begin to hit the system and $150 billion in stimulus checks start showing up on consumers doorsteps.

Should Bernake & Co. take steps today the strengthen the dollar, we can add lower energy and food prices to the list. Does this mean we jump to 2% to 3% growth this summer? No. It does mean we ought not see a negative number and given what has happened the last 12 months, that is just fine.

People were fond of saying Alan Greenspan engineered a “soft landing” when he was the head of the Fed. When this is all over, Bernanke ought to be credited with engineering a “fly by” in far more difficult circumstances.

Disclosure (“none” means no position):Long C,WB ,None

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Wednesday's Links

Bio-fuels, Whitman, Amen Joe Ponzio, Wendy’s and Starbucks

– It is only a matter of time before a stunning breakthrough happens..

– Gotta love this guy

– The truest thing ever written

– Interesting when looking at the past one gets lessons for the future

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Wednesday’s Links

Bio-fuels, Whitman, Amen Joe Ponzio, Wendy’s and Starbucks

– It is only a matter of time before a stunning breakthrough happens..

– Gotta love this guy

– The truest thing ever written

– Interesting when looking at the past one gets lessons for the future

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Starbucks Ignores Schultz

“We will return to what made us great and focus on coffee,” Howard Schultz. New says different Howard and Starbucks (SBUX) shareholders may just benefit…

This summer, Starbucks will add fresh fruit and whey powder smoothie drinks in the U.S.. They say they’re the first stage of a broader push into healthier drinks and food offerings. “It’s also what we believe to be a huge differentiator,” said Rob Grady, Starbucks’ vice president, beverage. “You cannot get [them] from any fast-food establishment.” The flavors Starbucks has developed include chocolate banana and orange mango.

OK. Let’s just ignore that for the last year Starbucks has been saying McDonalds (MCD) Dunkin Donuts and their ilk were “not the competition”. Clearly this statement is an admission they are. We also need to ignore that I can get a smoothie from Dunkin Donuts. Let’s also ignore the runs polar opposite to what CEO Howard Schultz has been running around saying since he re-assumed the CEO post that it was going to be “all about the coffee”. Now that those nagging details are out of the way, it is a good move. But, it is only a good move if the smoothies are actually priced reasonably. If they run $4 to $5 a glass, nice idea, lousy execution.

A reasonable smoothie will bring people in the door. A high priced one will be yet another in a long list of fiascos by the company in the past year and a half.

Listening to Schultz describe the drinks as “visually beautiful,” one can only be wary of its pricing. Howard, if I am getting a smoothie to go out in the 90 degree summer heat, its “visual beauty” will last 3 to 4 minutes. What will matter far more when it comes to the purchasing decision will be the price because if you think the “competition” will not come up with something to compete at a fraction of what you will want to charge, you are yet again dreaming.

Starbucks has an opportunity here, I hope for shareholders sake they do not blow it…

Disclosure (“none” means no position):Long MCD, none

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The Fed: One and Done

2:15 is the time today we find out about rates. Expect either no change or a 25 point cut. What in all reality matters more is what is said.

Food and oil prices have risen substantially and even though are not included in the inflation (CPI) measurement, the Fed has noticed. How then can we combat the price increase? Easily. Strengthen the dollar.

How can we strengthen the dollar? Stop the decline in interest rates is the easiest and fastest way. We could also require congress stop running deficits and and actually do something about social security and medicare. But since neither of those is likely to happen anytime soon, we must turn to the Fed.

The last vote to lower rates was an 8-2 and for the first time, the worry over both thedollar and inflation made their way into the discussion. For this reason, one has to think that given the stability is equity prices since the last meeting and the rapid increase in commodity prices during the same time frame, the later must now be given prominence in the decision making process.

The most recent auction for April at the Fed went off at higher rates than the previous one, the first such rise since they began.

Expect the statement to say that the “risks to growth while still present have moderated” and that “commodity prices are of increasing concern”.

Doing nothing here will not hurt growth from an interest rate perspective and will actually help the economy and any strength in the dollar ought to lead to an immediate and perhaps dramatic decline in commodity prices.

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Wednesday's Upgrades and Downgrades


Upgrades
Smith & Wesson (SWHC)- Northland Securities Market Perform » Outperform
Sohu.com (SOHU)- Pali Research Neutral » Buy
Microchip (MCHP)- FTN Midwest Neutral » Buy
First Horizon (FHN)- Punk, Ziegel & Co Mkt Perform » Buy
Wrigley (WWY)- Bernstein Underperform » Mkt Perform
First Horizon (FHN)- Sandler O’Neill Sell » Hold
Centene (CNC)- Stifel Nicolaus Hold » Buy
Amerigroup (AGP)- Stifel Nicolaus Hold » Buy
Buenaventura SA (BVN)- HSBC Securities Underweight » Neutral
American Electric (AEP)- Banc of America Sec Neutral » Buy
Wachovia (WB)- Deutsche Securities Hold » Buy
Momenta Pharma (MNTA)- Rodman & Renshaw Mkt Perform » Mkt Outperform

Downgrades
Fresh Del Monte (FDP)- BB&T Capital Mkts Buy » Hold
Idenix Pharma (IDIX)- Susquehanna Financial Positive » Neutral
Flushing Fin (FFIC)- Sterne Agee Buy » Hold
Digi Intl (DGII)- Boenning & Scattergood Market Outperform » Market Perform
Universal Health (UHS)- Stanford Research Buy » Hold
Sina (SINA)- Kaufman Bros Buy » Hold
Nelnet (NNI)- Sandler O’Neill Buy » Hold
PrivateBancorp (PVTB)- Sandler O’Neill Hold » Sell
Cott (COT)- CIBC Wrld Mkts Sector Outperform » Sector Perform
Intevac (IVAC)- Piper Jaffray Neutral » Sell
TriZetto Group (TZIX)- Piper Jaffray Buy » Neutral
Microtune (TUNE)- Roth Capital Buy » Hold
Microtune (TUNE)- Oppenheimer Outperform » Perform
Potash (POT)- RBC Capital Mkts Top Pick » Outperform
Norsk Hydro (NHYDY)- Citigroup Buy » Hold
Silicom Limited (SILC)- Merriman Curhan Ford Buy » Neutral
Tenet Healthcare (THC)- Deutsche Securities Buy » Hold
Calpine (CPN)- Jefferies & Co Buy » Hold
Sunoco (SUN)- Soleil Buy » Hold
Wrigley (WWY)- Citigroup Buy » Hold
CB Richard Ellis (CBG)- Citigroup Buy » Hold
Symantec (SYMC)- Morgan Keegan Outperform » Mkt Perform

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Wednesday’s Upgrades and Downgrades


Upgrades
Smith & Wesson (SWHC)- Northland Securities Market Perform » Outperform
Sohu.com (SOHU)- Pali Research Neutral » Buy
Microchip (MCHP)- FTN Midwest Neutral » Buy
First Horizon (FHN)- Punk, Ziegel & Co Mkt Perform » Buy
Wrigley (WWY)- Bernstein Underperform » Mkt Perform
First Horizon (FHN)- Sandler O’Neill Sell » Hold
Centene (CNC)- Stifel Nicolaus Hold » Buy
Amerigroup (AGP)- Stifel Nicolaus Hold » Buy
Buenaventura SA (BVN)- HSBC Securities Underweight » Neutral
American Electric (AEP)- Banc of America Sec Neutral » Buy
Wachovia (WB)- Deutsche Securities Hold » Buy
Momenta Pharma (MNTA)- Rodman & Renshaw Mkt Perform » Mkt Outperform

Downgrades
Fresh Del Monte (FDP)- BB&T Capital Mkts Buy » Hold
Idenix Pharma (IDIX)- Susquehanna Financial Positive » Neutral
Flushing Fin (FFIC)- Sterne Agee Buy » Hold
Digi Intl (DGII)- Boenning & Scattergood Market Outperform » Market Perform
Universal Health (UHS)- Stanford Research Buy » Hold
Sina (SINA)- Kaufman Bros Buy » Hold
Nelnet (NNI)- Sandler O’Neill Buy » Hold
PrivateBancorp (PVTB)- Sandler O’Neill Hold » Sell
Cott (COT)- CIBC Wrld Mkts Sector Outperform » Sector Perform
Intevac (IVAC)- Piper Jaffray Neutral » Sell
TriZetto Group (TZIX)- Piper Jaffray Buy » Neutral
Microtune (TUNE)- Roth Capital Buy » Hold
Microtune (TUNE)- Oppenheimer Outperform » Perform
Potash (POT)- RBC Capital Mkts Top Pick » Outperform
Norsk Hydro (NHYDY)- Citigroup Buy » Hold
Silicom Limited (SILC)- Merriman Curhan Ford Buy » Neutral
Tenet Healthcare (THC)- Deutsche Securities Buy » Hold
Calpine (CPN)- Jefferies & Co Buy » Hold
Sunoco (SUN)- Soleil Buy » Hold
Wrigley (WWY)- Citigroup Buy » Hold
CB Richard Ellis (CBG)- Citigroup Buy » Hold
Symantec (SYMC)- Morgan Keegan Outperform » Mkt Perform

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"Fast Money" for Wednesday


Wednesday’s Picks
Karen Finerman recommends Altria (MO) $20.24 on the dip.

Pete Najarian prefers Biogen (BIIB0 $61.33 also on the dip.

For the second day in a row Guy Adami recommends shorting the Dow with Short Dow30 ProShares (DOG) $60.65

Jeff Macke thinks Citigroup (C) $26.32 is a sell.

Tuesday’s Results
Jeff Macke recommends the United States Oil Fund (USO) $95.69 Close $92.9 LOSS

Karen Finerman prefers Kasier Aluminum (KALU) $68.35 Close $68.04 LOSS

Guy Adami likes betting against the Dow with Short Dow30 ProShares (DOG) $60.35 with a tight stop. Close $60.65 GAIN

Tim Seymour suggests shorting Petrobras (PBR) $122.76 Close $116.79 GAIN

2008 Records:
Brian Schaeffer= 0-1
Carter Worth= 1-1
Jon Najarian= 4-3
Jeff Macke= 32-23\4-1
Tim Seymore= 16-12
Guy Adami= 32-28
Pete Najarian= 34-24
Karen Finerman= 25-27-1
Joe Terrenova= 1-1

2007 Results (Since 6/21):
Guy Adami= 58-46 = 56%
Jeff Macke= 60-40 = 60%
Pete Najarian= 49-41 = 54%

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Lead Cases in RI Now Almost Non-Existent

How can you have a “public nuisance” when the nuisance itself is virtually eradicated? That must be the question Sherwin Williams (SHW), NL Industires(NL) and the other defendants must be shaking their heads asking themselves.


Jane Genova reports
:
“Actually, as LEGAL NEWSLINE’s John O’Brien notes, new cases have been steadily and significantly plummeting over the past 10 years. Ironically, it was about that time that the lead paint public nuisance lawsuit activity began in RI. According to the 2007 statistics recently released from the RI Department of Health, only 1.3 percent of children being tested in the state had in their blood elevated levels of lead. That represents a 22 percent reduction from 2006. Back in 1998, 6.6 percent of children tested had elevated levels of lead in their blood (80% decline).

These figures contradict the plaintiff’s asserting during RI II that the progress on reducing childhood lead poisoning had reached a plateau and would not decline further without intervention. The form that intervention should take, the plaintiff contended, was abatement of lead in every residence where it was still present.”

Genova continues, “O’Brien reports that the RI Attorney General’s office, which put RI I and RI II in play, had no comment. Could this saga be renamed: The Case of the Vanishing Public Nuisance?”

The whole basis for the case in RI was that the decline of lead in children had stopped and billions were needed to further decrease it. Yet, the State’s own numbers illustrate the fallacy of the very argument they based their case on. Let’s also not forget that this point is one of the issues on appeal, that the RI Attorney General withheld these numbers from the initial trial as they contradicted his claims. AG Lynch is facing a contempt charge for his actions.

The litigation in RI has smelled worse than the bay at low tide in summer since the beginning.

What one has to wonder is that with all empirical evidence in direct opposition to the claims the State is making, why hasn’t the case been dropped? What is the RISC even considering? A graceful exit for Judge Silverstein, who did more for the case that the RI AG did by directing the jury’s verdict?

What is happening now is akin to the State claiming they need tougher tax enforcement laws because of declining tax revenues while at the same time ignoring those very revenues are increasing. How can RI in good conscious claim they need billions to fight lead poisoning because it has stopped decline when the reality is the decline, far from stopping is actually still declining dramatically? How?

Of those still being afflicted, hoe many are due to toy recalls in the past year?

Ohio, Missouri and NJ have already decided the issue in court and unlike RI ,seem to be capable of common sense and have the ability to follow the law.

Disclosure (“none” means no position):Long SHW, None

Todd Sullivan's- ValuePlays

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