Boxoffice (Apr-Jun 1940)

MIKE SMITH of the war department motion picture service is vacationing in Boston, and according to the weather reports he is witnessing a “repeat run” of “The Rains Came” . . . Herb Moody has taken over the Wythe, Wytheville, Va., from the Sam Craver Interests . . . Bernie Depkin is maintaining his headquarters in Martinsville, Va., these days in preference to Salem . . . Tom Halligan, assistant to Tom McCaskey at Williamsburg, and former William & Mary pigskin star, made his first visit to the Row for a booking session while Chief Tom took in the Neely hearing. Universal’s Thelma Williams planed to Cincinnati last week to join the Crosley convention roundup and renew her many Texas acquaintarices . . . “Off to Louisville, suh” chimed Thojnas A. Reed, T. D. Bittenbender, and E. Holtz, when they entrained for the IATSE convention representing the local No. 224 Operators Union . . . Herb Blumenthal, Universal shipper, is sporting a new car . . . Alice Keister of the same office is vacationing . . . George Flax, son of Republic’s Sa?n Flax, donned the cap and gown last Saturday to receive his scroll at Maryland University’s graduation. Warner theatre flashes: Each neighborhood house featured Memorial Day by showing a Vitaphone patriotic short in addition to the regular program . . . Mary Horner of the advertising staff, is vacationing at Hot Springs, Ark. . . . Mrs. Caroline Jordan has taken three months leave and, accompanied by her daughter, will vacation in Hollywood with her sister, who is Wm. A. McGuire’s "Girl Friday.” Bernice Grossman is replacing her during her absence . . . Strange voices were heard over the switchboard last week when Frances McCormick and Peggy Sedlak, day and night telephone greeters respectively, were simultaneously smitten with ailments confining them to their homes for a spell . . . Isabelle Baugh’s vacation plans turned to nursing duties when her husband suffered an injury caused by a flying scaffold on F street . . . Roy Schatt, Warner artist, drew the Oh’s and Ah’s when he graced the office in a new summer ensemble. Fitting scene title: “Artist and Model” . . . Frank LaFalce, publicity chief, is house hunting and a “cool inside” bannerette will close a deal. Movietone news: Sara Young’s parents journeyed from Boston last Saturday to witness Sara’s son, Herbert, receive his sheepskin at Maryland University . . . Herman Wobber, general sales manager, paid a short visit to the exchange after attending the Neely hearings . . . Ann Griffin entertained friends from Minneapolis, her home town, over the weekend . . . Edith Lawrence is vacationing . . . Mona Glass celebrated her natal day last week . . . The ladies salon has been redecorated and refurnished in the modern motif, even to foam rubber cushions. Visiting the Row: P. G. Seiwell, Towson, Md. ; Harry Meyerberg, Baltimore; Sam Mellitts, Denton, Md.; Lou Tunick, Arbutus; Harry Reynolds and Sam Friel, Queenstown; Herb Moody, Wytheville; Joe Grant, Leon Back and Barry Goldman, Baltimore. Paramount flashes: Eddie Fontaine, branch manager, stopped off in Chicago for a brief reunion with friends while homeward bound from the coast convention . . . Anna Bernd, cashier, will vacation at home to assist her mother, who is ailing . . . “ Tommie ” Thompson of the M. S. Kusell district in the current “Eddie Fo?itaine Playdate Drive,’’ is leading in batting percentages . . . Tommy Mudd, Russell Ricker, bookers, and Jack Fruchtman, office manager, have joined the “Y” to reduce the “alderman” and bathing suit the smaller man. Spot News From Lichtman Theatres; Abe Lichtman, president and former Variety chief barker, celebrates his 24th wedding anniversary June 2 ... Ed Haley, general manager, and Mrs. Haley chose the dunes of Myrtle Beach, S. C., for two weeks of suntan . . . Announcement is made by Abe Lichtman that a 750-seater will be erected in Portsmouth, Va., and will be ready for a September 1 opening . . . Pete Lichtman, Richmond zone manager, is on a two-week sunshine spree in Florida, with Graham Barbee of the Norfolk division filling the swivel chair in his absence . . . On June 9 a new policy will be introduced in Norfolk which will have a definite hearing on the present double feature price war. Metro chatter: The local exchange is in number one spot in the national billing contest which ends August 31 . . . Carlton Duffus, exploiteer, and Mrs. Duffus headed their car no’th for a two-week sojourn at Lake George . . . On June 6 the starting gun for the “Summer Championship Drive” will be fired, with the solid East vieing with the West . . . Mrs. Harriet Kenworthy is convalescing at Doctor’s Hospital following an operation . . . The World’s Fair in the Big City was the main attraction to that portion of the staff that enjoyed the four-day holiday. Lansdowne-Warner Suit Before Court in June Philadelphia— The $210,000 anti-trust suit of Harrison Bros, and others, in behalf of the Lansdowne Theatre, against the Warner circuit and the majors, is expected to come up in the federal courts some time in June, it is learned. The Affiliated Theatres’ suit against the same defendants has also been ordered for trial, although no date has been set. Pretrial examinations may start the first week in June. Clark to Los Angeles At Paramount Helm Los Angeles — M. R. Clark, Paramount’s Cleveland manager, has been named manager of the local exchange to succeed Carroll N. Peacock, who died here during the company convention. Ascap Must Furnish Gov't Particulars New York — Denial of an application by Ascap to quash a subpoena served on Gene Buck, president, headed the court news of the week. Federal Judge Henry Warren Goddard, in denying the request, ordered the society to furnish most of the 25 government interrogatories in 30 days. Louis Frohlich, appearing for Ascap, charged the government with attempting to secure a consent decree against Ascap in the civil action by starting a criminal one. The judge declared the government had a right to have both actions at the same time. The anti-trust suit against the society was started in 1935 and dropped after a twoweek trial because the government could not prove its case. Other Court News Max G. Felder and Ben Braudie’s suit against Joseph Silverman and Charles P. Carroll as officers of the motion picture division of the Theatrical Agents and Treasurers Union, in which defendants were charged with wrongdoing and a receiver for the union asked, was dismissed in supreme court by Justice Louis A. Valente. The two plaintiffs were expelled from the union. Booth Tarkington’s $100,000 suit against Warner for making “Penrod and His Twin Brother” from a story allegedly not based on any of his yarns, has been set for October trial in federal court by senior Judge John C. Knox. Warner claims the public associates it, and not the author, with the character of Penrod, due to the many films it has made of the character. A $50,000 suit against M-G-M was filed in supreme court by Mabel Wayne and Neville Fleeson, charging infringment of their song “Betwixt and Between” in “In Between,” a song sung by Judy Garland in an undisclosed picture. Emerson Yorke has filed suit in supreme court against Loucks and Norling Studios seeking seven and one-half per cent of the cost of a third dimensional one reeler made by the defendants for Chrysler Corp. Cost is estimated to be approximately $50,000. Goldwyn Release Plea Is Now Before Appellate Philadelphia — The third circuit court of appeals has taken under advisement the appeal of Samuel Goldwyn from a ruling of the U. S. district court in Delaware in his action against United Artists Corp. Goldwyn is seeking abrogation of his contract with United Artists on the grounds the corporation sanctioned a breach of its contracts with Alexander Korda and Douglas Fairbanks, thus changing the conditions under which Goldwyn made his agreement with the corporation for exclusive distribution rights. His petition was set aside by the district court, on the grounds the Korda and Fairbanks interests should have been named among the defendants, a step Goldwyn argues is not necessary. It is to restrict the action to United Artists that he appealed to the circuit court. 24-B BOXOFFICE :: June 1, 1940