Boxoffice (Apr-Jun 1939)

All Companies Included In Roanoke Action Roanoke — Eight major distributors, as well as Monogram and Republic, are named in an anti-trust action filed here by Byers Theatres, operating the Bolling, Norton, and State, Appalachia. Named also as defendants are M. K. Murphy and Ada B. Murphy, with opposition houses in the same towns. The suit seeks an injunction, damages totaling $101,250, attorneys fees, costs, and $350 a week damages pending adjudication of the action. Plaintiff charges exhibitor defendants are enjoying “a profitable monopoly of the motion picture business in Appalachia County,” aided and abetted by the distributor defendants. Specifically, Byers claims a five-year lease was taken on a building in Norton on November 21, 1938, at a rental of $200 monthly, that $20,000 was spent remodeling the property, which was opened as the State, and which it “has since been attempting to operate without success,” due to tactics of the Murphys, allegedly conceived with the assistance of the distributor defendants’ “unfair monopolistic scheme and conspiracy.” Distributor attorneys are said to have determined to ask for an extension of time on answers to the complaint, which is returnable June 5. RKO's Lounge at World's Fair Attracting Many New York — RKO’s Exhibitor Lounge continues to attract visiting theatremen who are taking in the World’s Fair. Among those who registered during the week are E. C. Beatty, president of the Butterfield circuit, Detroit; Arthur Howard, Boston; J. C. Caldwell, Appomattox, Va.; John Gardner, Schenectady; Charles F. Wilson, Troy; J. Constantion and Rapley Merriman, Syracuse; Ray Pahley, Interlaken, N. Y.; Samuel A. Feir, Hastings-onHudson; I. M. Rappaport, Baltimore; C. H. Olive, Washington; George Roy, Eugene, Oregon and L. Tunick, Baltimore. May Substitute Measure For Sales Tax Bill New York — The Martin two per cent state-wide sales tax bill in Albany will probably be substituted by an enabling act that would preclude the paying of the new levy in cities where a local sales tax is now in effect, according to Harry Brandt, ITOA president. If the amended measure is passed, Brandt says, it means municipalities where no sales tax exists will undoubtedly be faced with an admission tax. Warner Closes Hollywood After Run of " Juarez " New York — The Hollywood, Warner’s special attraction house on Broadway, went dark May 28 after a five-week run of “Juarez” on a reserved-seat, $2.20 scale. The picture goes into national release June 10. The company has no intention of reopening the Hollywood in the near future. j^LLEN SPARROW, manager of Loew’s, conducted a contest, picking Richmond’s typical “Hardy Family.” Edith Lindeman, film editor of the Times-Dispatch, selected the family from the many submitted and members were wined and dined and later taken to see “The Hardys Ride High,” accompanied by Mayor Bright . . . Bill Attmore, RCA engineer, made a solo flight to Baltimore . . . Harry Searce, Colonial doorman, and Elizabeth Winburne have announced their engagement. Last Saturday was a “red letter” day for the art department of Neighborhood Theatres. “Pop” Williams and the wife celebrated their third anniversary , which was also “Pop’s birthday. To top the climax, “Pop” acted as best ma?i for his assistant, Walter Broadwell . . . Pete Lichtman announces local Lichtman managers will start vacationing next month . . . Louise Beavers made personal appearances at the Booker T. to capacity crowds . . . Dorothy Godfrey, cashier at the Brookland, was operated on for appendicitis. Mrs. Alvis is filling in. A charter has been issued to King Coal Theatres, Inc., Marion, with maximum capital 1,000 shares, no par value. C. C. Lincoln of Marion is president . . . Robert Fulwider, Lee Theatre projectionist, was married in Roanoke May 6 . . . Wade Pearson, northern district manager for Neighborhood Theatres, attended the district Rotary convention in Roanoke . . . Wilmer & Vincent has organized a summer duckpin league, rolling Monday nights at Haskins. Thomas Pitts, manager of the East End and Patrick Henry, staged an old-fashioned Spook Show. He also featured a hillbilly show at the Patrick Henry, featuring “Effie” the strip tease . . . Mervin Ullman, Altec engineer, attended the reunion of the Analostan Boat Club in Washington, Dave Peterson coming down to relieve him ... Mrs. Charlie Yerby, wife of the assistant manager of Loew’s, motored to Norfolk . . . Morton G. Thalhimer attended a real estate convention in Chicago . . . Brock Whitlock, assistant manager of Loew’s Capitol, Washington, visited his folks here . . . Virginia Snead, secretary to Sam Bendheim jr., visited relatives in New Jersey. Herman Kaplin, manager of the Century, Petersburg, was in town . . . D. H. Covington and wife, owners of the Ashland Theatre, have returned from a Florida vacation . . . Tom Baldridge, theatre manager in Winchester, was in Petersburg for the charter presentation to the junior chamber of commerce . . . Dick Taylor, Capitol projectionist, visited Patrick Springs . . . Tom Keene, cowboy star, made personal appearances at the Venus . . . Charlie Yertay’s mother visited him from Portsmouth . . . Elbert Grover, RKO salesman, was in town after two weeks in the Valley. Lyle Rippard, manager of the Eaco, Farmville, is recuperating from a long illness . . . O. L. Housner of New York was around looking for theatres to lease . . . Allen Sparrow, manager of Loew’s, is planning his annual Florida trip for the last part of June. 20th-F ox Defense Against Sherwood Is Ruled Out New York — Supreme Court Justice Lloyd Church has stricken out the defenses of 20th Century-Fox and ordered it to file new ones in 20 days in connection with the injunctive action by Robert E. Sherwood and the Playwright Producing Co. Twentieth-Fox’s defenses had been predicated on the theory the supreme court had no jurisdiction in this action and that Sherwood, having sold the rights of his play, “Abe Lincoln in Illinois” to RKO, had no right to bring the action. The judge decided that, since the issue is unfair competition, the supreme court has jurisdiction. He also decided that the other defense was incomplete and ordered 20th-Fox to refile. Sherwood seeks an injunction charging 20th-Fox had retitled its picture, “Young Mr. Lincoln” to capitalize on the popularity of the Lincoln character due to the success of his play. Partners in Paramount Make Business Visits New York — Several Paramount theatre partners were in town during the week on home office business, including John J. Friedl and L. J. Ludwig, from Minneapolis; A. H. Blank and Ralph Branton, Des Moines; Martin Mullin and Sam Pinanski, Boston; Nathan and Sam Goldstein, Springfield, Mass., and Vincent McFaul, Buffalo. Friedl and Ludwig were here in connection with the LaCrosse suit on which they were examined before trial. Blank and Branton left over the weekend after making their periodic trip on product buys and bookings. The other men left after a few days during which they discussed operations with Leon Netter, in charge of theatre operations. Associated Theatres Will Drive for New Members New York — Associated Theatres of New Jersey, local buying combine of which Irving Dollinger, former president of Allied of New Jersey, is head, is in a drive for additional membership. With 14 houses now in the fold, Dollinger expects to have from 20 to 25 at the end of the first year of the organization’s operations on July 17. Deals have been concluded with all major companies except UA, Dollinger states. While there is no contract with Monogram, the unit spot books, but in the case of UA it has been impossible to get together because of terms. RKO Payment Extension Agreement Authorized New York — Irving Trust has been authorized by Federal Judge William O. Bondy to proceed with an agreement with RKO, Bank of America National Trust and Savings Ass’n., Chemical Bank and Trust and RCA for an extension of a $50,000 payment, the balance due on RKO six per cent secured gold notes from July 1 until January 1, 1940. Interest continues at two per cent. 22-H BOXOFFICE :: May 27, 1939