Boxoffice (Apr-Jun 1937)

MOMAND TRANSFER PLEA REJECTED Court Denies Distributors Motion for Moving Anti-Trust Suit Boston — The United States district court for the first district, sitting in Boston, has turned down the plea of major distributors that the anti-trust action of Loretta Ii. Momand of Shawnee, Okla., be tried elsewhere than in Boston. Eight defendants moved the court at a hearing held several weeks ago that local government magistrates "decline to permit the prosecution of this action in this court." Judge Brewster last week denied the motion. The victory was regarded as a significant one for George S. Ryan, Boston attorney who several years ago took charge of the various Momand anti-trust litigations, including those of A. B. Momand which seek damages of $4,500,000. Mrs. Momand Sues Eight Mrs. Loretta L. Momand, mother of A. B. Momand, is suing for damages approximating $100,000. She charges unlawful combination and conspiracy on the parts of Paramount. Loew’s, 20th-Fox, Universal, Columbia, United Artists, RKO and Warner Bros. The suit concerns the Odeon Theatre in Shawnee, Okla., which Mrs. Momand has been operating since July 15, 1931. The defendants brought up an interesting point of law by arguing that the court has discretionary power to refuse to retain jurisdiction of an action brought under the anti-trust statutes by a citizen of the United States. "The question,” according to Judge Brewster, "was argued upon the pleadings and affidavits, from which it appears that in December, 1935, the plaintiff brought a suit in equity in the district court for the western district of Oklahoma, seeking injunctive relief against five of the nine defendants named in the law action in this court.” Court Questions Power Not to Hear "The acts complained of in both cases are of substantially the same character. In the law action here, the plaintiff is seeking damages for alleged unlawful acts beginning in 1931. In the equity suit she seeks relief against threatened loss arising from an alleged unlawful conspiracy entered into by the defendants named in that suit. “It can be found that it will be more convenient and less expensive for the parties to have the legality of defendant’s acts determined in the Oklahoma courts. One of the defendants, named in the action here, could not be sued in the Oklahoma court. "On these facts it is doubtful whether, if the court has any discretionary power, it would be held a proper exercise of that power to grant the motion. In view of the fact that the plaintiff cannot, in her equity proceedings, recover threefold damages.” Judge Brewster later states, “After careful consideration of the defendants’ brief and cases cited, I am unable to find any Construction Soars in New England Boston — Building in New England is more than double that of a year ago. according to a government survey conducted here. The estimated cost of total building construction in Boston during the first three months of this year was $8,563,062, as compared to $1,900,011 during the same period in 1936. March doubled residential building construction as performed in February, showing $5,010,169 as compared to $2,583,986. Theatres mushrooming up throughout New England give a substantial boost to construction figures. Industry building has awakened in this territory after doing a depression Rip Van Winkle. support for the proposition that this court has even discretionary powers in the premises." Convenience Does Not Alter Jurisdiction Further on in the decision. His Honor declares; "To grant defendants’ motion would, in effect, be to hold that inasmuch as the plaintiff has elected to proceed in equity under section 26, Title 18 of the USCA, against five of the defendants, she can be compelled by the court to resort to the same jurisdiction in an action at law under section 15 of the same title. I do not find anything in the Federal statutes, or in the adjudications, which suggests that the court has any such discretionary power, or any such control over the plaintiff’s remedy. "The plaintiff had an undoubted right under the statute to invoke the jurisdiction of this court, and this court is bound to take the case and proceed to judgment. "The facts that it may be more convenient to parties and will avoid protracted litigation in this court if this case is tried in Oklahoma are circumstances which do not make the jurisdiction of this court dependent upon the exercise of a discretion.” Precedent Established Aside from any bearing that it may have on the Momand case, the clear cut victory of Attorney George S. Ryan in the United States district court of the first district has established a definite precedent that is bound to have national importance in other such anti-trust litigations, film or otherwise. The opinion is to be published by the court. Map Rebuilding Boston — Negotiations are in progress for the rebuilding of the Satuit Playhouse in Situate, destroyed by fire last week soon after an evening audience of several hundred had left the house. Nate Hochberg managed the theatre. Salesmen's Club Plans Big Event Boston — The Motion Picture Salesmen’s Club, encouraged by the success of a district dance recently sponsored at the Bradford, is going forward with plans for a film outing to draw from the entire section. Herman Konnis, president of the fraternity, declares that exchange managers will be consulted with a view to deciding on a date for a day on which exchange employes will be given a part-time vacation. The Club, organized late last year by 13 motion picture salesmen who met December 13, is fast becoming a foremost social factor in the district, together with the Cinema Club which was formed a few weeks before. The membership of the group includes: Etlward Anderson, Ben Abrams, Warner Bros.; E. C. Bradley. Paramount; Leo C. Britton, Monogram; 8. Broidy, Monogram; Wm. Benoamiri, National Screen; Kay Curran, Loew’s, Inc.; John ('urran, Universal; Ernest G. Comi, National Theatre Supj»l>'; J. L. Cronin, United Artists; J. Cobb, Fox. Tom ]>uane, Paramount; Tom Donaldson, Loew's, Jnc.; E. Der\’in. l.^niversal; Jack Davis, Republic; E. L. DeVixa, Radio Corp. ; A. Fecke, Republic; K. A. Frauj^i. National Theatre; J. Feloney, Fox; H. Germaine, Price Premium Co.; H. Goldman, Grand National; Harry Gold, Fox; M. Goldstein. Loew’s, Inc.; II. Goldstein, RKO, Inc.; J. F. GubI'ins, l-’aiamount. W’m. Horan. Warner; G. Hager, United Artists; J. A. Harris, Paramount; Wm. Hawkins, Capitol Theatre Sujiply; It. V. Hummel. National Theatre Supply; J. J. Jennings, Bank Night; J. Kennedy, Grand National; Herman Konnis, Universal; L. Joseph, Tvlaster Pictures; M. Lait, Bank Night; Wm. Mancuso, Exhibitors Adv. ; Bob Murray, Columbia; R. L>. Marston, Specialty Pictures; H. Olcham, (.’olumbia; J. E. (J’Brian, International Seat; Dave Purcell. H. Rowell, Capitol Supply; Harry Rosenblatt. Loew’s. Inc.; Nate Ross; C. Rudnick, National Screen; M. Rosen; G. W, Richardson, Paramount; G. W, Idckering, Capitol Supply; G. D. Swabe, Price Premium; L. Shiftman, Universal; S. Seletsky, Reitublic; S. Simons, Columbia; M. Simons, Fox; S. Soroker, Price Premium; H. Schaefer, I'nited Artists; M. Sickels, Capitol Supply; H. O. Worden. Loew’s. Inc.; R. Wetter, National Theatre Supidy; A. Weiner, United Artists; C. Williamson. National Theatre Supply; E. Warren, Warner Bro.s. Worcester Plaza Opens Worcester, Mass. — Loew’s opened the 1,300-seat Plaza on Wednesday. City officials cut the tapes, and flowers and festive decorations proclaimed the opening. Harry F. Shaw, division manager, and Erie Wright, publicity head, personally supervised, assisted by Robert Portle, new manager. The house has been closed for the past three years, and was recently completely renovated. A split week first and second run policy will be adhered to. EDWARD A. CUDDY ILL Boston — Edward A. Cuddy, divisional manager of the M. and P. Theatres Corp., has been kept from his desk by illness for the past few weeks. 56 BOXOFFICE :: May 8, 1937.