Boxoffice (Apr-Jun 1939)

Momand Hearings Slated for May 26 Oklahoma City — Hearings in the Momand case have been continued until May 26, and possibly May 27 or 29, by Judge A. P. Murrah following a hearing in federal district court here. Arguments were heard on the defense motion to dismiss the case, with Henry Wells arguing the defendants’ motion and C. Ray Smith representing Momand. The exhibitor is asking $4,500,000 from Griffith companies and major distributors and producers for alleged anti-trust law violation and establishment of monopoly to the extent of $1,500,000 actual damage to his properties. The law provides collection of three times the actual damage in antitrust actions. Smith argued the defense motion was not in order or proper under rule 12 of the supreme court rules of procedure. Judge Murrah ruled the motion filed was in order at any time as provided by new federal court rules of procedure. Wells asserted the Momand petition did not show a cause of action under the federal law. Objections to consideration of the motion also were overruled by Judge Murrah, who stated he would consider it insofar as it went to raise the question of sufficiency of cause of action. Defense attorneys at the hearing also argued the alleged cause of action was not assignable and that in the suits the real parties were the various Momand companies. Wells pointed out that, as shown by Momand’s bill of particulars, these companies had assigned their cause of action to A. B. Momand for “the sum of $1 and other considerations’’ and maintained that this was not in accordance with provisions of the law. “Momand himself is the only party making the claim,” Wells told the court. “He asks for damages to himself and not the corporations from whom he purchases these assignments for $1 to $3, and other valuable considerations . . . and for this investment of $30 at the most he asks nearly $6,000,000. “If my understanding of procedure is correct,” Wells continued, “in order for a plaintiff to sustain his right to sue for damages, his cause of action, if accrued to someone else, must first be a cause of action that is assignable; second: he must be in a position to properly take this assignment and enforce it, and, third, there must be a proper and legal conveyance and assignment. “For those reasons this cause of action is not assignable.” Judge Murrah interrupted at this point to suggest a further continuance of the hearing so he might hear fully arguments of both sides with regard to this question. “This question of assignment in this * VISUGRRPHIC* FILm*CORP * l<*B UIHLTDn ST.,n.UI. P.O.B.385 QTLRnTR W.fi. KimeeftLv, Prei. Southward Bound — Henry Fonda and wife prepare for the takeoff on the Pan American clippership and a seven-week South American air cruise. Fonda’s latest for 20 tli Century-Fox is “Young Mr. Lincoln,” world premiered this weekend at Springfield, III. case is of the utmost importance and will affect the trial of the case” he informed attorneys. “I want to give it a thorough hearing and thorough consideration and suggest that this hearing be continued until such time as this court has ample time to hear arguments of attorneys for both sides on this point.” He also intimated he would hold a pretrial conference at which the issues upon which the trial is to be held will be gone over and established in order to cut down the actual length of the trial. Saturday’s was the tenth hearing in the Film Transit Is Seeking Permits in Two States Memphis, Tenn. — Permits to carry film into Mississippi and Tennessee are being sought by Film Transit Co., Inc., which now handles film in Arkansas. M. H. Brandon, Film Transit head, who recently was elected to the board of managers of the National Film Carriers, Inc., heard C. C. Pettijohn point out that film carriers constitute the smoothest running branch of the entire motion picture industry. That statement was made at the National Film Carriers two-day convention in New York two weeks ago. Pettijohn, counsel for the Motion Picture Producers and Distributors of America, told the film carriers they are daily transporting at least 28,000 miles of film “without tieups in transportation, always making deliveries on time, and never causing a theatre ‘blackout’ for want of film.” Momand suits, which ask a total of $4,500,000 damages. Wells’ reference to the $6,000,000 figure was based upon the addition of the sums asked in both suits. However, one suit overlaps the other with the total sum asked being only $4,500,000. Filing of the second suit was to insure proper service upon some of the defendants, it is understood. When hearings upon the present motions have been completed, it is understood Judge Murrah will set an immediate date for the pre-trial conference following which trial of the case will begin here. At various hearings he has intimated that, while he is desirous of speeding the case as much as possible, he does not want to rush over any important parts and for that reason he is going to give ample time to establish necessary points before the actual trial begins. G€T P€RSonnL ^ With Yoim PATRnns, uAe... VllliCRAPHIC ^TRAILERS Made up to your own individual copy with appropriate and original ideas that will appeal to your particular locality and patronage. Present Your Screen Announcements Effectively With a Dash of Local Color and Originality. tta IDEAL Rush C CjuTimnoinc dfotnlfte Pahade%—-m Price UDeliverv. IDincQuRLITv/ 4 STAR SRO*POQAtf& 1 that* VfS06ftAPHIC,| THE SMART word SHOT EXHIBITOR* Years of Experience Has Taught Us How to Serve You Peterson “Freezem" Mfg. <S Sales Co. 316 Southwest Blvd. Kansas City, Mo. BOXOFFICE :: May 27, 1939 107