Variety (December 1954)

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26 PICTURES Wednesday, December 15, 1954 h •A . > I ' Classy Suburbs Vs. ‘Rundown’ Rialto Volk Bros. Action in Minneapolis Brings Out Many Invidious Comparisons Minneapolis, Dec. 14. It’s claimed that the entire local clearance structure and loop first- run theatres’ very existence are in Jeopardy in Federal district court here where Judge G. H. Nordbye is trying the Volk Bros.’ suit against all major distributors, the Minne- sota Amusement Co. rUnited Para- mount Theatres) and RKO The- atres. Along with $1,500,000 in dam- ages allegedly suffered in conse- quence of clearance discrimination against their $500,000 suburban Terrace, newest and one of the most prosperous theatres here, the Volks are seeking an injunctive de- cree to compel distributors'to make all pictures available for the out- lying house one day after conclu- sion of initial runs at the first local loop houses played. This would be instead of the Terrace’s present 28-day clearance, the earliest available and enjoyed by a number of other subsequent run theatres similarly classified and In other parts of the city. In ef- fect, it would make the Terrace a moveover house, the first such out- lying one in local industry history. If the injunctive decree is grant- ed, other of the present 28-day nabe houses also would demand and have to receive the same con- cession, it was predicted by John Branton, MAC buyer-booker man- ager, first of the witnesses. He also told the court that this would up» get the whole clearance applecart and that downtown theatres prob- ably would be unable to continue to operate profitably. Claims Terrace ‘Superior* On the other hand, Lee Loe- venger, the Volks’ counsel, sought to show by his questioning of Bran- ton that the Terrace is superior physically to other Minneapolis theatres enjoying a clearance ad- vantage over it or the same clear- ance, it gives patrons more and better service and it frequently outgrosses the present two loop moveover houses as well as being the city’s newest and finest show- house. Therefore, the Terrace is en- titled to have its pictures available on the same day as the downtown moveover houses on extended runs or one day following the end of the first run if there’s no moveover and before other outlying theatres. Loe- venger tried to get Branton to agree. In his opening statement, Loe- venger charged that "this clear- ance discrimination is a continua- tion of a conspiracy started in 1932 and its purpose is to protect and afford an advantage to ‘rundown’ downtown MAC and RKO thea- tres.’’ Replying to questions. Branton testified, among other things, to the belief that the Terrace’s higher construction cost and superior ap- pointments in comparison with other 28-day outlying houses and its higher grosses don't entitle the Volks’ theatre to a clearance ad- vantage over the others. Loevenger elicited from Branton that firstrun loop theatres don’t provide the free parking available in front or otherwise available for Terrace patrons and other distinc- tive features and services, such as free coffee, and that it’s the city’s newest showhouse. Branton insist- ed, however, that the loop Radio City, State and RKO Orpheum were at least its equal, if not su- perior, in appointments. 1st Runs Need 'Protection* Branton also told the court that he would not buy for MAC any pictures firstrun if he knew they were to be played immediately after the downtown engagement at the Terrace or any other neighbor- hood house, unless required by a court ruling to do so. Under re-direct examination he maintained that loop firstrun houses are entitled to and must have at least 28-day protection be- cause of their larger seating capac- ity and greater grossing potential, compared to .the Terrace and all other nabe theatres. He said these loop theatres’ and distributors’ rev- enues would be considerably les- acned if the Volks and other out- lying exhibs could play pictures on a single day’s clearance. capacity in most instances, their central location that pulls people from all parts of the city and the fact that many more folks are drawn into the loop than into any one outlying section because of the. downtown presence of large department stores, leading restau- rants and other attractions. He cited the matinee and tran- sient patronage which the Terrace and other outlying houses lack. Also, he testified, the 28-day pro- tection is essential because of the larger film rentals paid, the con- siderably greater expenditures for advertising and exploitation and the higher operating costs gener- ally. (Loevenger last year was counsel for Martin Lebedoff, a local nabe exhibitor, and won a $135,000 judg- ment for the latter in a conspiracy suit against the major distributors and MAC.) Mac Benoff hat written another kwnoroM exposition on Hollywood Etiquette (Real Estate Division) * * * an amasing byline piece in the forthcoming 49lh Anniversary Number of P&RIETY DUE SOON General Public to View ‘Par Presents VistaVision’ Hollywood, Dec. 14. Total of 500 prints of "Para- mount Presents VistaVision,’’ a 20- minute featurette, will be released in January. This was revealed by A. W. Schwalberg, head of the Paramount Film Distributing Corp. at last week’s sales meeting. It was originally planned to show the ^lm to the sales force but after one screening it was decided to release it to theatres. Film shows scenes from 10 pic- tures. all lensed in VistaVision. Prominent among them is location footage shot in Egypt for Cecil B. DeMille’s "The Ten Command- ments,” showing Moses receiving the Commandments on Mt. Sinai and the Egyptian army pursuing the children of Israel into the Red Sea. Picture Grosses 6 Houses Reopen In Mpls. Region Minneapolis, Dec. 14. Reopening of six shuttered theatres in this territory during recent weeks, despite comparative- ly unfavorable weather, is regarded in local industry circles as .a sign of optimism over exhibition’s fu- ture. In the instance of Deadw’ood, S. D., population 4,000, there’ll now be a film theatre there for the first time since Jan., 1953, as a result of the rebuilding of the Isis, which was destroyed by fire at that time. Other theatre reopenings are oc- curring at Aurora, Minn.; Ells- worth, Wis.; Emery and Irene, S. D., and Aurora, Minn. Also indicative of improved ex- hibitor feeling is the manner in which C’Scope installations are moving along in the territory’s smaller situations. Territory’s total now has climbed to 350 out of what’s regarded as a 500 potential. Along with this is the fact that many of the ozoners are planning such Installations. TORONTO (Continued from page 8) (WB) and "2 Guns and Badge” (AA), $14,000. tin ton. University (FP) (1,080; 1,558; 50-80) — "Passion” (RKO). So-so $7,000. Last week, ‘‘This Is Love” (RKO), $5,000. Imperial (FP) (3,373; 60-$l) — "White Christmas” (Par) (6th wk). Fancy $12,000. Last week, $14,000. Loew’s (Loew) (2,090; 60-$l) — "Last Time Saw Paris” (M-G) (3d wk). Holding well at trim $10,000. Last week, $14,500. Odeon (Rank) (2,380; 75-$l) — “Barefoot Contessa” <UA) (4th wk). Hep $9,000. Last week, $10,500. Shea’s (FP) (2,386; 50-80) — "Pushover” (Col). .Oke $8,000. Last week, "Ring of Fear” (WB), $ 6 , 000 . Towne (Taylor) (693; 50-80) — "Modern Times” <UA) (reissue) (5th wk). Satisfactory $4,000. Last week, $4,500. Uptown (Loew) (2.745; 60-80) —"Glenn Miller Story” (U) (re- issue) (2d wk). Mild $6,500. Last week, $10,000. Gordon Sawyer Tops Oscar Group on Technicalities Hollywood, Dec. 14. Charles Brackett, head of the Academy of Motion Picture Arts and Sciences, named Gordon Saw- yer as chairman of this year’s Scientific or Technical Awards committee. Other members of the group are Urie McCleary, Maurice Ransford, Sol Halprin, Ted McCord, Glen Farr, Charles Rice, Charles R. Dailey, R. II. Duval, Frank Gross, William Hornbeek, William Rey- nolds, Ferdinand Eich, Sidney P. Solow. John Aalberg, Farciot Edou- art, Clifford Stine, Jack Tait, Byron Vreeland, Daniel Bloomberg, C. Carleton Hunt, John P. Livadary and William A. Mueller. LET'S NOT BE SUPERSTITIOUS Colonial, Albany, Jinxed on Eve of Relighting Albany, Dec. 14. The latest chapter in the series of misfortunes that has plagued the Colonial was written Wednes- day <8), when fire of unknown ori- gin did considerable damage to its stage, as Dr. Henry Browm and William J. Jones Jr., of New York City, stockholders in the Colonial Management Inc., were refurbish- ing the 43-year-old theatre for a Christmas week reopening. Brown and Jones, on the scene to make arrangements with film distributing companies for the re- lighting, had left the house for lunch, with Peter Anderson, long- time maintenance man. They were in a nearby restaurant when a pas- serby noticed smoke pouring from the theatre building and sounded the alarm. The blaze, originating on the stage, spread to back-drops and or- chestra pit—last used by Malcolm Atterbury for a musical stock production in early 1953 and prior to that, for vaudeville. Heavy smoke made it difficult for fireftien to get at the blaze, which was brought under control in a half Gibraltar Branching Into Five Sales Centers Los Angeles, Dec. 14. Gibraltar Motion Picture Dis- tributors Co., headed by Sam Nath- anson, reveals plans to establish five branches in addition to its headquarters in Los Angeles. Re- gional offices will be set up in NY,- Chicago, Dallas, Seattle and Atlanta. At present the company is han- dling distribution of three German films and one made in France. One of the German films is "A Love Story,” starring Hildegarde Neff, who will help plug the picture in this country. Gibraltar is also ne- gotiating for three American pro- ductions. ‘BEAU’ GOOD $17,000, MONT’L; ‘XMAS' BIG 27G Montreal, Dec. 14. Despite four new bills launched this session, "White Christmas” still is pacing the city with a sock total in third round at Loew’s. It is running far ahead of the biggest moneygetter of fresh entries, "Beau Brummell,” is good at Palace. "King Richard and Crusaders” is just as strong at the smaller Capitol. Estimates for This Week Palace (C.T.) (2,625; 60-$l)— "Beau Brummell” (M-G). Good $17,000. Last week, "Broken Lance” (20th) (2d wk), $13,000. Capitol (C.T.) (2,422; 45-75)-*- "King Richard Crusaders” (WB). Nice $16,000 or near. Last week, "Dragnet” (WB), $18,000. Princess (C.T.) (2,131; 40-65)— "Ring of Fear” (WB). Okay $11,- 000. Last week, "Rogue Cop” (M-G) (2d wk), $7,000. > Loew’s (C.T.) (2,847; 60-$D— "White Christmas” (Par) <3d wk). Sock $27,000 after $36,000 last w'eek. Orpheum (C.T.) (1.049; 40-65)— "Wicked Woman” (UA) and "Dia- mond Wizard” (UA). Dull $6,000. Last week, "Suez” (20th) and "Halls of Montezuma” (20th) (re- issues), same. Kendall Way Dallas Barker Dallas. Kendall Way has been elected Chief Barker of the Dallas Variety Club, Tent 17, succeeding Albert Reynolds. Other officers named here include, Charles Darden, first assistant barker; Don Douglas, second assistant barker; Meyer Rachofsky, dough guy, and Joe S. Caffo, property master. Gol Lost Continued from pace 11 w hour, although water continued to Branton pointed out that the be P° ure(l <>n for sometime, downtown theatres’ greater gross- { A three-alarm fire occurred at lng potential is due to their larger j the Colonial in March, 1946. name-calling betw-een exhibitors and distributors. It was suggested that several of the company presi- dents would take part in the talks. However, at the sales managers palaver, the subject of the all- industry meet was completely side- tracked and the subject of arbitra- tion was introduced. Meanwhile, arbitration has been making head- way, but no one seems to know anything about the suggested con- ference. MPAA prexy Eric Johns- ton, at his press confab last week, said he had just returned from abroad and was not apprised of the progress being made toward set- ting up the meeting. He ques- tioned several of his N.Y. aides, but they reported "nothing new.” Fact that TOA may'try it alone if there’s no roundtable session was disclosed by prexy E. D. Mar- tin in the exhib org’s most recent bulletin. If the all-industry meet isn’t possible, said Martin, "then TOA will begin talks individually with distributors covering all as- pects of our relationship with them. This is in the interest of creating a more harmonious I relationship.” SAN FRANCISCO (Continued from page 8) (Col) and "Black Dakotas” (Col), $12,500. St. Francis (Par) (1.400 $1-$1.25) —“Carmen Jones” (20th) (4th wk). Trim $6,500. Last week, $8,500. Orpheum (Cinerama Theatre, Calif.) (1,458; $l.75-$2.65)—"Cine- rama” (Indie) (50th wk). Fine $15,500. Last week, $16,500. United Artists (No. Coast (1,207; 90-$1.25) — "Barefoot Contessa” (UA) (5th wk). Fair $6,500. Last week, $8,700. Bridge (Schwartz-Reade) (399; $1-$1.20)—"High and Dry” (U) <6th-final wk). Oke $2,300 after $2,500 last week. "Father Brown Detective” (Col), opens Dec. 16. Clay (Rosener) (400; $1)—"Mo- ment of Truth" (Indie) »2d wk). Mild $2,200. Last week, $2,700. Vogue (S. F. Theatres) (377; $1) —"Ugetsu” (Indie) (4th wk). Fine $2,800. Last week, $4,000, Prov. OK;‘Widow’Trim $11,000,‘Knight’Hep 8G, ‘Carmen’ Hotsy 9G, 2d Providence, Dec. 14. Although most downtowners seem to have their minds on Christmas shopping, enough are left over to keep the first-runs here on a fairly even keeL The biggest new entry is the Majestic’S "Black Widow,” solid opening round. "The Black Knight” is nice at Strand. State is only fair with “Athena.” Second round for "Carmen Jones” is big at RKO Al- bee. Estimates for This Week Albee (RKO) (2,200; 65-85)— "Carmen Jones’* (20th) and "Out- law Territory” (Indie) (2d wk). Big $9,000. First week, $15,000. Majestic (Fay) (2,200; 70-90)— "Black Widow” (20th) and "Royal Tour” (20th). Solid $11,000. Last week, "Desiree” (20th) (2d wk), $9,000. State (Loew) (3,200; 50-75)— "Athena” (M-G) and "Khyber Patrol” (UA). Fair $9,000. Last week, "Last Time Saw Paris” (M-G) (2d wk), $10,500. Strand (Silverman) (2,200; 50-75) —"Black Knight” (Col) and "Massacre Canyon” (Col). Nice $8,000. Last week, "They Rode West” (Col and "Fire Over Africa” (Col, $8,500. ST. LOUIS (Continued from page 8) wk). Nice $12,000. Last week, $13,000. Fox (F&M) (5,000; 75)—“Prin- cess of the Nile” (20th) (2d wk) and "This Is Your Army” (20th). Fancy, $14,000 after $18,000 initial stanza. Loew’s (Loew’s) (3,172; 50-75)— “Last Time Saw Paris” (M-G) (2d wk). Lusty $13,000 or near after $17,500 opener. Orpheum (Loew’s) (1,500; 50-75) —"Captain Kidd, Salve Girl” and "Rogue Cop” (M-G) (m.o.) (2d wk). Hep $11,000. Last week, "Barefoot Contessa” (UA) and "Rogue Cop” (M-G) $7,500. Pageant (S. L. Amus.) (1,000; 82) — "Trouble in Glen” (Rep). Hep $3,000. Last week. "Little Kidnap- pers” (UA) 2d wk), $2,500. Richmond (St. L. Amus.) (400; 82) — "Trouble in Glen” (Rep). Good $2,000. Last week. "Cyrano de Bergerac” (UA), $3,000. St. Louis (St. L. Amus.) <4,000; 75-90)—"Star Is Born” (WB) (3d wk). Fine $11,000. Last week, $13,000. MINNEAPOLIS (Continued from page 9) "Karamoja” (Indie) and "Halfway to Hell”) (Indie) (4th wk). Still goaling them. More big, effective advertising is helping. Good at $4,000. Last week, $6,300. Lyric (Par) (1,000; 85-$D— "Track of Cat” (WB) (2d wk). In face of mixed opinions, has given a fairly good account of itself. Okay $4,000. Last week, $6,500. Radio City (Par) (4,100; 65-85)— "Tonight’s the Night” (AA). Well- liked and has had benefit of one of biggest and best bally and ad cam- paigns of any recent picture. Yvonne DeCarlo here most of week plugging it, and appeared at open- ing day at the theatre. Good $9.- 000. Last week, "Desiree” (20th) (2d wk), $7,500 at 85c-$l scale. RKO-Orpheum (RKO) (2,800; 65- 85)—"Bengal Brigade” (U). Rock Hudson a lure, but only fair $7.- 000 looms. Last week, "Phffft” (Col), $8,500. RKO-Pan (RKO) (1,600; 65-85)— “Phffft” (Col) (m.o.). Modest $4.- 000. Last week, “3 Hours To Kill” (Col) and "Kisenga” (U), $4,500, at 50c-75c scale. State (Par) (2,300; 65-85)—"Hu- man Jungle” (AA). Well-liked de- tective story hurt by adverse fac- tors. Modest $6,000. Last week, "Last Time Saw Paris” (M-G) (2d wk.), $8,000. World (Mann) (400; 65-$1.25)— "Illicit Interlude” (Indie). Swedish picture tabbed for "adults only.” Okay $3,300. Last week. "Vanish- ing Prairie” (Disney) (5th wk), $2,300. PORTLAND, ORE. (Continued from page 9) —"Golden Mistress” (UA) and "Crossed Swords” (UA). Fairly good $6,500. Last week, "Beau Brummell” (M-G) and "Black Glove” (Lip), $7,300. Orpheum (Evergreen) (1,600; 75- $1)—"Phffft” (Col) and "Black Dakotas” (Col) (2d wk). Neat $7-000. Last week, $9,000. Paramount (Port-Par) (3,400; 75- $1)—“Duel in Sun” (SRO) (reissue) and "The Unholy Four” (Lip). Dull $6,000. Last week, "White Christ- mas” (Par) (4th wk), $10,000 after three torrid innings. OMAHA (Continued from page 9) week, "Fire Over Africa” (Col) and "Silent Raiders” (Lip), $4,0C0. Omaha (Tristates) (2,000; 50-75) —"4 Guns to Border” (U) and “Hell’s Half Acre” (Rep). Okay $6,000. Last week, "Beau Brum- mell” (M-G) and "Her Twelva Men” (M-G), ditto. Orpheum (Tristates) (2.890; 70- 90)—"Athena” (M-G). Passable $10,000. Last week, "Drum Beat” (WB), $10,500. State (Goldberg) (875; 60-85)— "Last Time Saw Paris” <M-G> '3d wk). Neat $4,000. Last week, $ 6 , 100 .