tesoro up 5%. we'll see how it goes, they seem to be making progress in washington. >> absolutely. i was noticing the s&p 500 has basically been sitting right there at 1700 for the last hour. folks, that will do it for another week of "power lunch." thanks for watching. >> have a great weekend. see you when you get back, ty. "street signs" begins now. ♪ ♪ wishing and hoping and thinking and praying ♪ ♪ planning and dreaming each night ♪ >> happy friday. the song seems appropriate because d.c. is in wait and see mode as we await a deal, stocks aren't waiting around. they are higher again. gold continuing its epic slide. big show again. we'll hit our picks for stocks of the week. why retail is stinking up the joint. we'll ask herb greenberg why he's crouchy because he came after you on twitter this morning. >> he really did. i told him to wash his mouth out and he told me to, quote, shut up old lady. >> only half right. >> yeah.

>> anyway, you are absolutely right about what's happening with stocks. take a look at what's going on there. the s&p less than 2% away from record highs. all over again. but the real action here is in gold. unless you have bearish the yellow metal it is not the kind of action you like. let's get out to sharon epperson at the nymex. explain it, walk us through what exactly is tanking gold. >> yeah. this $30 drop in gold below 1270 an ounce some traders say is technical below key levels here but a lot is the fact that as we get closer to it appearing that perhaps we will have some type of deal in washington, that is causing the safehaven trade to basically evaporate here. we're looking at a lot of pressure, weakness in gold and another factor that is exacerbated the move what happened around 8:42 this morning when there was a trading halt in gold at the nymex and that occurred because we saw a huge selling volume. a huge amount of volume and a big seller apparently coming in.

so that prompted the cme group to halt trading about ten seconds. all trades stand but something that caused more selling after that occurred. we're watching what happened with the gld, largest gold etf holdings have been redeemed quite a bit in the last week or so. that is putting more physical gold on the market. there's not the demand for physical gold. that is pressured prices. traders looking at the low levels and saying if this bearish tone continues some are saying we could see gold at 1150 an ounce. guys? >> thank you very much. let's bring in rich from i trader.com and cnbc contributor. what the hell is going on with gold? >> share noted we had a big seller in the market. we saw an order of about 500,000 ounces activating the market lower. but listen, part of this trade certainly is because stocks came roaring back. equities just two days ago looked bearish and the sky was falling as that safety trade unwinds as sharon noted, the

price of gold is getting whacked. listen, that sell triggered a key level in gold. 1270. the three-month low. everyone's been looking at as a support level. once that order activated sold off, stocks higher, press the market lower, and really just cleaned everybody out down to that 1259 area. a close in this area and i think the pain still continues for the gold bugs as headwinds abound. we're talking higher rates potentially in the next year, that's a headwind, higher stocks of course, and certainly gold's losing its luster. i think that, you know, the recent low of 1180 is a price target. >> rich, if i can jump in here, what do you mean it's losing its luster, it's losing out as we're unwinding the safety trade? it hasn't been a safety trade during the shutdown anyway. it hasn't performed well at all as a safety trade. >> listen, short it term. you'll see over the last three to four months, when we do get some type of news -- new event, in fact, when we had the

shutdown initially, gold did actually catch a bid. buyers are trying to stay into the trade for the safety trade reason. big investors we've talked to since the beginning of the year have been decreasing their net long positions. and i think that's the big reason the market is down. we've seen allocations drop from around 12% to 5% to 2% and less with guys that manage 8 to $10 billion because they're forecasting better economy and higher rates in the next one to two years, i think that's the reason the markets fell. >> thank you very much for joining us. rich. 11 days and counting since the government shutdown, folks. t minus 6 days until we hit the debt ceiling and no decisions in washington. senate republicans met with president obama at the white house for a little more than 90 minutes earlier on. senate minority leader mitch mcconnell says the meeting was useful, although guess what, there's no agreement just yet. bring in the national review's robert costa. where do we go from here? >> negotiations are ongoing and

you're seeing positive meetings right now between the white house and republicans. yesterday house republicans went to the white house, had an upbeat, positive session for 90 minutes. senate republicans did the same today. >> you know, i'm -- i saw some wires earlier on from reuters saying the president talked about need for new revenues as a part of a long-term deal, long-term deficit reduction deal. when we talk about new revenues wanting to put more taxes on the table here. >> what president is signaling when he enters into larger fiscal talks this year as paul ryan wants to do in the house we wants revenue as part of the discussions. the news today is that for the continuing resolution to fund the government, and the debt limit, both sides right now are looking at a compromise to reopen the government and extend the debt limit for six weeks. >> robert, can i ask you a question that follows up on what mandy says. nothing to do with this fight, a plaque cro thing which is this, we believe as a nation we are overtaxed. did a poll probably 100% would say i'm overtaxed. you hear the middle class bears

the tax burden. the reality is after deductions, federal income, only talking about income tax, not fi ka, social security, because that stuff is extracted later, is there an awareness on capitol hill that the average family is paying about 4% after deductions that the bulk of americans are paying almost nothing in federal income tax and while that sounds nice your do have to fund a military and the fda and veterans benefits if you choose to do so? >> that's a great point and certainly an awareness i think among both parties but what you're seeing now is a drive to get through this current fiscal mess and have a longer conversation on the debt and on taxes. >> thank you very much, buddy. appreciate it. so now we know what is happening or not in washington. let's find out what's going to happen for stocks, bonds, currencies and everything else. the guys are here. let's bring in david. hey, david, a guy with an excellent taste in ties. >> i would say the same to you, brian. >> mutual love fest here. fantastic. >> i am here, folks, sandwiched

in between but enjoying the love sandwich. >> in between the orange sandwich here. >> yeah. >> feel it all the way to michigan. >> thank you, david. >> you've been more cautious on stuff. i don't understand this market run just on optimism of the six-week deal, do you? >> i don't either. i don't think the market seems to be reacting very quickly to whatever happened. the last week we had major amount of correction in the market. now in the last couple of days, last 24 hours, there is a lot of optimism. think about what is happening looking forward, brian. we have the pressure on treasury bills which are maturing in october, now that you may get only a six-week extension, bills which maturing in november and december are under pressure again. so it looks as if all you're doing is kicking the can down the road and not for too long, just for six weeks. this is a continuing problem, the continuing resolution is becoming a continuing problem in washington. >> it really is continuing headlines that are buffeting the

market. nonetheless the market does tend to be short term, right? the market, you would like to think that it discounts things out, six months, 12 months in advance but these days it's short term. that being said do you think, david, if we get say no default, a deal, no default and also don't get any taper this year the markets could potentially have a new lease of life and hit new highs? >> absolutely. and i think it really comes down to a tug of war between positive for the market is continued fed stimulation, short-term interest rates, near zero after inflation they've been negative for one of the longest periods of time in history, for real short-term net inflation adjusted interest rates. pulling on the other end is the uncertainty of the federal government. but as we've talked about before, i've learned for 20 years as an investor, always count on the government to do the least amount they need to do to fix a problem, and to continuously disappoint you. i'm not alone as an investor, i

believe, in that belief and in that axium and in that environment the fed is winning the tug of war with what's still very accommodative policy. >> i think -- >> that's good for stocks. >> mandy, i think there's more here. even if this gets resolved, keep in mind that you have a new fed chairman in place or she will be soon, and you're going to have the continuation of taper based on what she said when president -- janet yellen said when president obama introduced her. you are going to have a taper some time in 2014. that in turn has to lead to a correction. look what happened after may 22nd when the chairman even talked about the possibility of taper. we are not taking those into account. >> we went through all those fears back in may when the first idea of a taper was put out there. have we got over those fears? >> we have not. >> used to the idea it was going to happen. >> i was mildly afraid. a big difference. >> the bond mooshgts was very afraid. if you look at the 120 basis

point run up you had. >> at least david now, sabers are getting something for their money, right? herb green burg the grouchy one himself has been complaining for years. if you were my dad's age, 74 years, you need bonds to give you something. god forbid homeowners have to pay 5% on a mortgage. is this a bad thing interest rates are going up? >> not if you look at the long-term power of interest on interest in bonds and better yields that exist today, albeit you have to -- you need bonds, you need to be opportunistic, you need to play more offense and that's bonds yielding over 5%. to the question about a market correction, i agree we're going to get one. we've been 11 months literally, we're small caps sick clickly have rallied 40%, ten-year treasury is down 7%, we know as investors that doesn't exist for a prolonged period of time. we'll get a correction. most likely to be 10%.

if you get one i think you fight your way through, grind your way through it. by the time you get it it's almost you recognize it it's almost over. in that type of environment if you get one, use it. buy what you couldn't buy today when prices are a bit cheaper. but if it's a 10% correction you just fight through it i believe. >> use that correction as a buying opportunity and by the way, we're currently up by about trip triple digit on the dow. a monster rally yesterday and today following through. the dow at 15,224 and i think the nasdaq as well looks pretty certain it's five-week winning streak will be broken, down i think for the week but you know what we've still got nearly two hours of trade left pep with could still be back in the green for the week. >> j&j and visa and others are crushing it on the dow. >> yep. >> have you bought any of those stocks recently. >> i have not. i have stayed -- i think i've stayed very cautious, defensive in terms of the overall positions. >> i'll add i think there are

individual names still quite appealing that have also industry themes on the home building or housing related site. names like lowe's, on the energy infrastructure side names like dresser rand, if i'm tempered but still bullish on the market it's asset managers like franklin resources. i think that has a good split between stocks and bonds. those are just a few names that are great cash flow providers that i would be buyers of in this market. >> thank you very much for joining us. >> my pleasure. thank you. the developments out of washington are happening hour by hour. brian and i will be bringing you a special report on all the latest developments at 6:00 p.m. eastern tonight. right? >> that's right. tune in, tell the bar you're at turn on cnbc 6:00, have a couple cocktails, watch it, in california don't because it's 3:00 and you're probably at work. >> that's right. going out and having fun is not mutually exclusive from watching our special at the same time. >> i'm having fun during the special. >> still ahead, the d.c. blame

game. one retailer a total wreck today and they are pointing the blame at washington. >> why the shutdown is turning out to be one big hangover from some business men who really want to be crafty. that's a tease. we're back after this. announcer: where can an investor be a name and not a number? scottrade. ron: i'm never alone with scottrade. i can always call or stop by my local office. they're nearby and ready to help. so when i have questions, i can talk to someone who knows exactly how i trade. because i don't trade like everybody. i trade like me. that's why i'm with scottrade. announcer: ranked highest in investor satisfaction with self-directed services by j.d. power and associates. what'swithout the thinking capitathat makes it real?? what's a vision without the expertise to execute it...

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. people are pulling back, think the shutdown will have an impact, already seen difficult sales in august and september as we saw today. >> most worried about right now?

any particular retailer or segment. >> i'm very worried about apparel mall based. >> aeropostale, the abercrombie & fitch. >> right across the board. >> that was jan on "street signs" yesterday nailing a call. look at the gach today, down about 7% after reporting a drop in same-store sales. we're going to get to jan's victory lap in a moment and not force you to run around the studio doing a victory lap but you can if you want. courtney reagan, what happened to gap? >> exactly. maybe what jan said gap another one of the retailers struggling against what consumers are dealing with right now. one of the few that still report those monthly sales numbers so we get a glimpse into what's happening a bit more often as well as with limited which also reported disappointing numbers. take a look at the breakdown you can see there was weakness around the world for the gap brands and throughout each of the different brands. same-store sales down 3%.

the street expected to see a 1.6% increase. gap global down 3%, old navy down 2%, banana republic down 5%. men's outperformed women across the board. women's sales is the biggest chunk of what gap counts on. management disappointed. especially by banana. the post has been vacated since earlier this month. traffic did continue to decline. the management even said particularly the last week, was really bad. remember there's no big trend this year either. we're not all clamoring over the new colored bottoms. many have them from last year. that's probably hurting apparel retailers like the gap. the company feels like they're on trend whatever those currently are as you can see here, shares of the gap down more than 7%. wells fargo lowering earnings for a full year this year and next year being a bit more

conservative. shares against the retail index falling, losing favor with the street. many think shares are fairly valued and citing economic uncertainty. i don't know if that's really blaming the government shutdown but you have to understand that consumers feel uncertain when they hear about all of this infighting and washingthether jd or not, we don't understand what it means or could mean. i can see how that actually could have an impact. brian, back to you. >> i'll add that investors do mind the gap today. >> yeah. >> thanks. >> good joke. >> no, it wasn't. bring in the man that made the call, jan. all right. as i'm coining you now, who else is looking bad to you? it was a great call, obviously not changing your views in a day, but any sector of retail you're like watch out for this? or is it clothes that's the problem? >> just the opposite. clothes are the problem. i think mall based retailers will have a big problem with it.

i think this is a big advantage if you happen to be an off priced retailer in apparel. tjx or ross you're getting product you wouldn't otherwise get, picking up the cancellations. >> that's good for you if you're ross or tjx. >> very good for you. or newly minted public company burlington coat if you're one of those guys that happens to be doing off price and you can get product right now, that's being canceled by the other people at much cheaper prices you're a winner. >> i want to bring up a graphic here because you talked about the sort of mall based retailers. look at these one month returns, one month, the buckle down 1.5%, gap 12%, aeropostale, down 11, abercrombie & fitch down 8% in one month. that's a hair cut. here's my theory. teenagers want phones and gadgets. is apple and samsung and others stealing sales from these guys? >> absolutely. >> they are. >> money is going into cars, money is going into houses, tech and into support the tech. so if you've got a brand new iphone and spending 100 bucks

keeping it up you're not spending it on a sweater. absolutely. that's what's happening. the other thing that's happening is, the interest in clothes has fallen into areas that people don't have a lot of in the store. you saw those pictures from gap. lot of denim, lot of color. what's the trend? anything selling except denim and bottoms and anything is selling but color. the trend is all toward neutrals, the trend is away from anything that's denim and the leggings and other soft product. >> what i don't want to be taking sides here, i'm going to switzerland in your jc penney spat, it's not a bet, it's a spat, but nonetheless if the gap is losing out, is jcp winning? those customers going to jcp instead. >> for eight quarters in a row sears had up apparel sales. they didn't last quarter. penny's had better sales. if you're gap and old navy you benefitted from penny. if you're sears you benefited,

stage stores, any of those players, kohl's you benefited from the $4 billion of product that somebody else got to sell. now that's not happening anymore. they're getting better. they may not be getting as better as brian would like to see them get to lose his bet, but they are getting better. august was better than the prior part of the year. september better than august. october is running better than september. not another retailer out there has a better october going than september. they're taking share back. especially in apparel because they're still not doing any business in the home. if you're a mall based apparel guy the economy is going against you, trends going against you and penny's. >> and for your victory lap i suggested to the producer we have the rocky music. ♪ >> do you have a staircase to climb. >> that would be a first on cnbc. retirement funds could take a $2 trillion hit if we details. let me repeat that. $2 trillion hit. how to protect your nest egg ahead. >> after that burritos and beer.

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optimism about a deal can kicking, can can whatever you want to call it, nice two-day run for stocks mandy. if you're on the radio we're up 100 points. j&j and visa doing well. >> you sound excited. >> i like it. i don't understand it. >> yeah. that's a good way of putting it. $2.4 trillion how much retirement funds would lose if the u.s. defaults on its debt. god forbid. how can you protect your nest egg? get to sharon epperson with great ideas. run us through. >> you know, mandy, even if there is short-term resolution in washington, many investors are still very concerned about their retirement funds and they have reason to be. according to a new study that has come out this week we could see retirement funds lose as much as 20% in value. we're talking about 401(k)s and iras, about $2.4 trillion as you mentioned. this is the latest report out

from the american society of pension professionals and actuaries. they're looking at data from 2011 and that's what they're basing their assumptions on, looking at the fact that s&p 500 dropped 17% back then when the u.s. was downgraded and also when the credit was downgraded an when the debt ceiling negotiations had gone to the 11th hour. it took nearly 7 months for the s&p 500 for stocks to recover after that. and so based on that and as average investors watch the stock market, that's why many of them are panicking. of course, fixed income assets could be impacted as well. so stacy francis, certified financial planner at francis financial said now is the time perhaps to shift assets to short-term bonds or floating rate bonds less interest rate sensitive. another thing that you may want to do, ivory johnson at delancing wealth management advises if you have an ira which has more flexibility now would be a time to look at some alternative investments. the financial advisors i talked

to say don't panic. this will be a short-term decline in your balance but it will recover longer term. back to you. >> great practical advise as always. thank you very much. sure. >> coming up why one research firm says dr. pepper is in serious immediate need of medical attention. >> three stock stories that will make herb greenberg's head explode! he joins us intact, when "street signs" returns.

. we do it every day and hopefully right. street talk hitting the stock stories you need to know about. merck, eli lily and both getting downgraded today. >> they were downgraded both by jeffreys. merck to a hold from a buy, worse, lily to underperform from a hold. basically essentially a sell. citing deteriorating business fundamentals. did revise credit outrating to stable. still down about .7%. >> wells fargo says it is time

to pay the piper. dr. pepper. >> the valuation range was cut to 44 from 51 to 53. they see folks no upside at all, no reason to own the stock. they cite weak industry fundamentals, aggressive pricing strategies. dps down year to date. >> johnson & johnson giving the dow a nice boost today, one of the reasons why. up by 95 right now. take a look. >> not a huge endorsement but goldman sachs did upgrade it to a neutral from a sell. not like a buy or strong buy, neutral from a sell. they cited improved outlook in the sector and j&j has had a year, up about 26% outperforming the dow. >> texas industries getting an upgrade to buy from neutral at longbo research. >> the biggest cement producer in texas. longbo believes pricing concerns overblown, core market attractive, their price target on tx is 69, about a 20% upside to the current price if it hits

that target. txi. all right. we're going to a quick tease, lot more coming up, herb greenberg, more on the market rally, and tease our special at 6:00 a few times because that's the way we roll. >> and also bill griffeth, what's coming up. >> we have a deal on the table in washington and as you know and the markets rallying on that. a package of money market experts to tell you how you should be ininvesting ahead of a possible deal. wells fargo out, the chief financial officer it tim sloan back with us to talk about how the banking giant is preparing for a possible debt default and how the slowdown in more gauge originations is affecting the nation's top housing lender. all that and more, maria and i look forward to seeing you, feels like a friday on the trading floor here at the new york stock exchange. we'll see you at the top of the hour for "closing bell" after "street signs." stay tuned. vo: two years of grad school. 20 years with the company.

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months. down about 43% year to date. obviously in line with the other big gold minors. not a good combo. it's blaming [ inaudible ] there you go. a way to get australia -- >> mined here? >> yeah. i knew australia was to blame. >> my pick charter communications. i'm going to use a football analogy. i'm calling this the northern illinois university of stocks, right? it's small off the radar. doesn't get a lot of respect but is really, really been doing great. the stock up 80% this year. also by the way a $30 stock a couple years ago, now a $136 stock, gets no love but should, my stock of the week. >> $9 billion, that is what jpmorgan chase paid in legal fees in the past year. that led to a quarterly loss. investors appear to be taking the news in stride. stock is higher today.

buy the headline, sell the rumor? let's dig in. jc is chief market technician. we have ron, u.s. quantitative strategist at rbc. ron, begin with you, first off why i went to law school, career insurance, but legal expenses aside what do you make of the jpm earnings? >> thanks for having me. i think the numbers were actually good when you take the legal issues aside, you're talking about a company that actually beat about 9% above expectations, and does trade at a huge discount to forward multiples, only 9 times versus the market of 14. so i think you get paid to really wait to see where the growth will actually come from in the stock. >>. >> let's turn to the charts. would you be a buyer of jpm based on the technicals? >> right now i would not. and i would even say this, if you own the stock, you have to be very careful at these levels. and a few reasons why.

looking at a chart, you know, there's several technical highlights that stand out to me and are a reason for concern. the first, we have an upward sloping rising trend line and if you draw that from the lows of 2012 the stock pulled back every so often hit this line and bounced higher which is a positive. except in august we pulled down, broke underneath it, we had a failed rally attempt in september to regain above this trend line, so that is a negative. the second thing i am concerned about, is over the last few months the stock has been trading in a head and shoulders like pattern. and everybody knows a head and shoulders pattern has -- >> negative. >> perfect. very bad implications. however, we have not cracked yet. i'm watching this $50 level which is the neckline which is huge support. trading above it right now but i feel if we break underneath 50 downside risk becomes 46, followed by 43. lastly, where would i become constructive like ron, you to move above 5 4.

we get above 54 i will start looking back into the stock. it's not -- i'm staying away. >> you're looking long-term and like it? >> long term you have to like jpmorgan. it's our view we see at least 20% upside in the stock. again, if you just look at where the total shareholder return yield is, it's around 7%. that's adding dividends and share buybacks into the story. so you talk about at least half of that upside just off of shareholder gains. >> and making a lot of lawyers really rich. ron and jc, thank you both very much. have a great weekend. be sure to check out the on-line edition of talking numbers. $9 billion in legal fees. i have a stupid law degree, this country out of control. out of control. >> if you left cnbc you could become a lawyer. >> can you imagine. >> that's kind of going down in your career. >> my client did not steal that

dog. >> someone woke up on the wrong side of the bed. herb was an as terrific away from getting booted off twitter. i told him to wash his mouth out. why so grumpy, herb? >> that was a dig at you because i know you like the gold mine. it's good bet, herb. >> that was -- that was the point, is that i -- it was i knew that sully right then and there was beating me in our bet and i just -- i -- it just set my day off the wrong way. >> okay. talk to us about green mountain. what's going on? >> green mountain is -- has been a situation in recent days you've had bullish analysts, you've had nielsen numbers pointing out their unlicensed growth, the companies that will use k-cups and produce them from someone else other than green mountain were rising. you have whole foods coming out starting to have a private label

k-cup. this is an issue going forward. we've talked about this forever that this theoretically should compress margins. there's an analyst out there putting out perform on the stock even with these issues overlaying it saying that, you know, the base is going to grow. what we know is there are serious issues going forward you must look at with this company. it still remains one of the great bear/bull battles perhaps i've seen in certainly in my career of recent years. >> all right. let's move on to your number two one. this is an interesting name. to be honest with you and great work on this, i never heard of new star nuestar. every time i want to change a phone number this is the company that does it. it's a monopoly effectively but they've got -- they operate at service of the government because of a contract which you said they could lose? >> well they have a contract that has been informally exclusive for say 15 years but this contract is for the first time in that period of time been

put out for competitive bid. one of the people pushing for -- one of the companies pushing for that is tell cordia part of ericsson. you have a situation come january will there be a decision will neustar lose the contract, very unlikely, have more competition with the contract, possibly, or the price of the contract come down even further just as the whole situation is review reviewed. it's an interesting story. when you look at it and boil it down the way did you you get into a situation where there is risk in this name. >> and here's a story you thought warranted being put up on facebook and that is about the short fund. what got your goad here? >> this is very interesting. i wrote about this, bill, long-time short seller got out of the business in 2009 and looked at interest rates and thought he could not, you know, fight what was going on with the fed. and now he told me, he's coming back and restarting his short fund. this is very interesting because he believes he's -- he's taking

a look at this and i've tucked to a few short sellers thinking about doing some of the same thing, people who have been away from it. he's recommend taking a look at the -- the bond market and he's taking a look at what interest rates on the ten-year did after tapering didn't occur. remember, interest rates on the ten-year went from 1.6 to 3% then down to 2.8%. he's thinking this is very interesting, thinking that the bond market is basically going to shrug off the fed something it hasn't done since the volcker years in the late '70s, early '80s. he thinks that's the time when you could have an interesting position setting up for shorting stocks. he's on fast money tonight with melissa lee. >> herb, great stuff, buddy. smile once in a while, because a smile is the best umbrella. next to an umbrella. nice background too. >> when it's raining. >> office building and look where he is, like swimming with the seals naked. >> no one he's perfectly

charming right now. wouldn't you be. >> not wearing pants. >> coming up next, one analyst is raising the red flag on restaurant stocks and going to make his case for us next. >> the shutdown is it turning out to be one big buzz kill for wannabe beer makers. the american dream is of a better future, a confident retirement. those dreams, there's just no way we're going to let them die. ♪ like they helped millions of others. by listening. planning. working one on one. that's what ameriprise financial does. that's what they can do with you. that's how ameriprise puts more within reach. ♪

upgrading chipotle to buy with a 525 price target. our next guest has a hold on chipotle and sounding the alarm for casual dining sales for october not just because of general weakness but because of everyone's favorite topic, the "w" word washington. joining us from wonder lick securities is bob derrington. give us the lo down on how the uncertainty is affecting casual dining, bob? >> my take mandy is that it's a very fragile sector as it is already and now with, you know, some of the uncertainty that's been floating around, the biggest risk for consumers i think is when they feel uncertainty in their life, whether it's jobs growth or whether it's -- what's happening with the economy or with our leaders in washington, it tends to put a pause in to spending sales, especially in casual dining.

>> you've got 13 stocks on your coverage, only four are rated buy, buffalo wild wings, sonic, jack in the box, panera. of those four is there any one that you like the most? >> brian, it's a fair question. and what i would start off saying is that remember this past quarter, if the second-quarter results for the industry were any kind of harbor of things to come, we now have in the third quarter five out of five restaurant companies who have reported all who have missed sales and earnings numbers. so -- but what i would tell you there are no silver bullets in this category. we like brands that have a little more lower check average, maybe they'll benefit from the lower gas prices, maybe less uncertainty in washington, but we're clearly nervous about the casual dining segment for a brand who is dependent on mall traffic like cheesecake factory. >> another name that makes you more nervous about the situation. >> it is.

mandy, it's a very well operated company, no doubt about that, and i like the management and the concept. however, if we are seeing a real slowdown in mall traffic as some of the retailers indicate recently, i think it's clearly a risk factor and for a concept like cheesecake that's highly dependent on that traffic it could be a sign of, you know, issues for the fourth quarter. >> 100% run rate on earnings misses, is that correct? you said five of five. >> listen, those are the stats. you know, now, i certainly don't think it's 100% all the time but it certainly is right now. >> it has been. thank you very much, buddy. have a good weekend. >> you bet. >> the government shutdown has impacted many and now impacting beer and the people who want to make it. jane, we talk about beer, good time, but this is no laughing matter. jobs here? >> no. no kidding, brian. i'm at the wincoop brewery. just down the street is the great american beer festival. 50,000 flocking around with these. the super bowl of craft beer but

many are crying in it over the shutdown. there are 2500 kraft breweries -- craft breweries. this is an industry which thrives on near product, the new flavors, labels, brewing processes, cannot happen without federal approval, which isn't happening and the backlog is growing. >> it's probably about the worst time of year this could have possibly happened because so many seasonal beers are, you know, intended to come on during thanksgiving and christmastime. >> it makes a mess of the whole production schedule, so these new beers we wanted to brew, we've got them slotted, tank space set up for them and it doesn't look like we're going to be able to do that. >> currently we have three beers and five labels in process for review and we can't get-g to market with any of those until that's confirmed. >> if we can't get our labels abreued, our brewer permits

active, they won't get their excise taxes. >> if this keeps going on, breweries will be dumping beer. that's a tragedy. >> that is jim cook of boston beer. he's really a pioneer. at least he can keep bottling beer he already has, but there's on average one new microbrewery or brew pub opening in the u.s. every day, creating jobs and paying new taxes, except of course that hasn't happened for the last week, guys. >> jane wells on assignment and enjoying herself. thank you very much. coming up next, the three most outrageous stories this week. you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be,

paying ourselves to do what we love? ♪ the ocean gets warmer. paying ourselves to do what we love? the peruvian anchovy harvest suffers. it raises the price of fishmeal, cattle feed and beef. bny mellon turns insights like these into powerful investment strategies. for a university endowment. it funds a marine biologist... who studies the peruvian anchovy. invested in the world. bny mellon.

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as over 60,000 trees. that's a trend we can all get behind. it has southern charm with a modern twist and one of the most expensive homes on the u.s. market. robert frank has a peek inside. >> reporter: asheville, north carolina, home to the buiiltmor state, built by the vanderbilts in the 1890s but another making news. it's a mini biltmore now up for sale. 16,000 feet and like the bilt more, a french chateau style estate. six bedrooms, seven baths,

spiral staircase topped with an old world map of the earth. five kitchen, some for entertaining, some for guests and a main kitchen for the owners. can you have an entire party in the wine cellar and tasting room and play cards in the special card room. the home theater isn't just for watching movies, you can also look at the stars on the ceiling, which have the constellations and shooting stars created every few minutes. the bath is designed a bit like the biltmore's with tiled pools. it's located off the seventh tee of the local golf club. record price in asheville is $5.6 million. the ask on this home, $10.75 million. >> it clearly comes with disco music as well. what was that? >> it's a grooving tune. it's the first house i've ever seen that has shooting stars on the ceiling. that was pretty cool. and a card room. who has a card room anymore? who plays cards? $10 million. i know you love asheville, it's

a great town. >> one of the greatest secrets in america. >> $10 million, that's going to be a tough sell. >> a lot of retired ceos move to asheville, yoga culture -- >> that's twice the record price in asheville, but that's going to be tough because it's next to the biltmore which will always look bigger. >> time to look at other business headlines from zuckerberg to spin on fine dining, we'll call this segment sank and frank. adam, zuckerberg, mooshg zuckerberg of facebook, reportedly bought four homes around him to protect his privacy, 30 million bucks. your take on zuck's move, matter or arrogant? >> it proves the super rich are overtaxed. if he had tax relief he could have boughten instead of four. my heart goes out to him. >> they'll be bulldozed, right?

>> no, no. >> he leased them back to the owner. >> that's what's great. >> rich jerk guy would have bought this, razed the houses and put ul the taj mahal. he leased them back. he just wants his privacy. one house was worth $3 or $4, and he paid $15 million. >> in that lease is something like, you will not say what you see or hear. >> and no friend requests of any kind. >> okay. next we're calling upscale retail dining, saks and brooks brothers to open restaurants. what do you think about this? >> i think it's redefining date night. a steakhouse and brooks brother, nothing says romance like overpriced clothing -- >> bromance. >> if you sell steak sauce, have you a new one right there. >> saks has a cafe, $14 for a side of mashed potatoes. $32 salad. that place -- and i guess

they're saying it's not profitable enough. what are they going to charge in this new restaurant? it's insane. >> they're trying to make a brand. you're using the brand, brooks brothers, and expand it. >> saks restaurant is going to be called sophie's. i hope they offer sophie's choice, creme brulee or chocolate ganache. >> you can joke about that, we can't. >> mobile cubicle companies. moving employees to different cubicles to improve their productivity. if you hate your office mate, can't stand the person sitting next to you, you can move. >> you know what makes employers happier than moving their cubicles is not making them work in cubicles in the first place. they can put my cubicle in hawaii, it's still going to suck. >> there was that great scene in "office space" when the boss says, yeah, we're going to need to move your cubicle again. you know what happens when you move that guy four times? burns the place down. >> move them to the basement.

>> they would line them up according to height like in elementary school. >> where would i get? the best office. >> absolutely, because you're a giant. >> mandy would number the closet. >> along with the skeletons. >> that's where i used to be. >> sank and frank. >> swank you very much. >> thank you for having me. >> thanks for joining us. >> let's look at the markets. great day yesterday, second best day of the year. today we're building on that. we have a gain of 8 3 points off the highs of the day for the dow. the nasdaq is up by 26 points. keep in mind, even with yesterday's gain and today's gain, the nasdaq is still ever slightly lower for the week. the s&p is currently up by half a percent. still one hour to go in this trading week. >> if we don't get a deal this weekend, watch out, apple on monday. tonight, 6:00 eastern time, a special "street signs," we'll be live here tonight, 6:00 to 7:00, debt threat. "street signs after dark"

whatever you want to call it, tune in. >> date night with us. >> eat at saks restaurant, watch us, goes together with the high rollers we are. >> "closing bell" starts now. see you later tonight, 6 p.m. eastern. >> hi, everybody, happy friday. welcome to the "closing bell." maria bartiromo at the stock exchange. focused on washington and big move in stocks once again. >> since wednesday's low we're up 6 %, 7%. i mean, it's an incredible gain here. market adding to the massive gains from yesterday's 30 0-point move. at this point, with -- everyo everybody's talking, deal proposal from republicans to white house, they could begin the process of raising the debt ceiling as early as tonight. probably will happen tomorrow. then they could open the government some time next week.