In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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H. N. Marvin, Direct Examination. 1407 Defendants' Exhibit No. 87. 1 THE LYRIC College Ave. A. W. Rhorer, Manager Athens, Ga., Sept. 14th, 1909. Motion Picture Patents Co., New York City. Gentlemen : — 2 Replying to your favor of 9th inst., impossible to send you contract I entered into with film company, as all communications were by phone excepting a few letters relative to prices etc. The Birmingham Film Supply Co. agreed to furnish me with 3rd day run for $50.00 per week, commencing August 23rd. As stated to you before I was a new man in the business, and did not fully understand the in and outs of the game. The old adage has proved correct, however, in this instance and I am fully acquainted with the film situation in the South. Instead of furnishing me 3rd run stuff, I got four 3rd run films during two weeks 3 service, and one of these was being run at the other theatre here the same day. The rest of the time I pieced in with independent stuff. The consequence was did not establish my reputation as hoped for, and did not keep up the standard that my theatre called for. I had put up one of the finest little theatres in the South, costing approximately $7000.00, and was very desirous of showing up fine at the opening. After this two weeks experience, I made a phone contract with The Theatre Film & Supply Co. of Birmingham to furnish me with 3rd run stuff at $60.00 per week. On Monday of last week, they failed to deliver the goods 4 on account of error in shipment. Again I sought refuge with the independents and supplied the day. The next three days I got what was contracted for, but on the 4th day I got a film that had been shown at one of the theatres here the day before. I investigated and found they were getting 2nd run stuff, one theatre from the same exchange I had begged to give me a price on 2nd run. Again I called on independents. The next day was the same, and I wrote them to discontinue service. This last exchange did deliver