Boxoffice (Jan-Mar 1939)

South Takes Lead In Refugee Aid Defendants File Three Motions In Momand Anti-Trust Suit New Orleans — A group of 325 theatres throughout the states of Louisiana, Mississippi, Alabama, Florida and along the Texas-Arkansas border are participating January 26 in a “Campaign for Humanity,’’ in which that day’s gross receipts will be contributed toward the funds aiding all refugees from central Europe. In charge of the campaign for this territory is the Motion Pictures Theatre Committee, headquartering at 608 Canal St. in New Orleans. Heading this committee are E. V. Richards jr., chairman; Louis Rosen, treasurer; Abe Berenson, secretary, all of New Orleans, and Arthur Lehmann of Jackson, chairman for Mississippi. Henry Lazarus of the Center and Coliseum theatres is chairman of the independent theatre owners for the campaign, and Harold Wheelehan of WSMB heads the Louisiana radio committee. John McCormick, Shreveport, is vicechairman for Louisiana; Wiley Harris, of Jackson, for Mississippi. To date over 5,000 individuals are selling advance tickets for the benefit shows for which the exchanges will furnish films without charge. Definitely participating in the campaign, according to Richards, are the Saenger theatres, the Orpheum and Loew’s State in New Orleans, the Paramount-Richards Theatres, Inc., the United Theatres. Southern Amusement Co., Dixie Theatres, Inc., Henry Lazarus’ duo, and practically all independent houses in New Orleans. Wilkes Is at Paramount's Atlanta District Helm Atlanta — Harold F. Wilkes, former branch manager for Paramount at New Orleans, has assumed duties here as district manager. He succeeds Oscar Mor-» gan, who becomes Southeastern division manager with headquarters in New York. Jack Price, former branch manager at Jacksonville, is branch manager at New Orleans. The Jacksonville office is being consolidated with the Atlanta office, but a shipping station will be maintained in the Florida city. John Kirby, Charlotte branch manager, is Atlanta branch manager, succeeding Cecil House, resigned. House is well known in the industry, serving in Atlanta two years. Previously, he served 10 years in San Antonio, for a total of 12 years with Paramount. Harold Pickett, former sales manager here and former ranch manager at Dallas, succeeds Kirby in Charlotte. The changes became effective January 1. Theatre Anniversary Success Bainbridge, Ga. — Celebration last month of the fifth anniversary of the Ritz Theatre, one of the Martin chain, was highly successful. Clarke Gurley is manager of the house. Oklahoma City — Three motions have been filed by defendants in the $4,500,000 A. B. Momand anti-trust suits, all bearing thrusts at the recently filed amended petition in the two cases, 6516L and 6517L in U. S. federal district court for the western district of Oklahoma. A separate answer of Regal Theatres, Inc., to the amended petition in 6517L offered by Emmert, McKenzie and Gibbons, attorneys, presented eight items including statements that, “The amended complaint wholly fails to state the facts sufficient to construe any cause of action against this defendant and this defendant prays the judgment of the court to dismiss said cause of action for said reason.’’ It also denies generally all material allegations of the amended complaint and specifically denies “each and every, all and singularly, the allegations of fraud and conspiracy charged against it, and alleges that it was not a party to or connected in any way with any of the material acts of conspiracy alleged in the Bill of Complaint.’’ The defendant also alleges that the plaintiff wholly failed to comply with Rule 9 (g) which states: “Special Damages: Where items of special damages are claimed, they shall be specifically stated.” A motion to strike by attorneys for The Griffith Amusement Co., was filed in 6517L “and for a more definite statement.” It involved 25 points with reference to the amended bill of complaints and asks that each of these 25 points be made definite and certain and that additional facts as to time and place of the alleged occurrenc s be set forth by the plaintiff. The third motion, entered in 6516L by Frank Wells, D. I. Johnson and Henry Griffing, attorneys for defendants 20thFox, Loew’s, Vitagraph, RKO Radio Pictures, United Artists, Universal and Columbia, and RKO Distributing Corp., is a motion for a more definite statement. It asks that “the plaintiff be required to make the following points in paragraph 11 of the amended complaint more definite and certain, viz. ‘through subsidiary or affiliated operating companies’ by stating whether such allegaticns are intended to refer to any corporations or companies other than those specifically mentioned in other portions of said amended complaint as subsidiary or affiliated with certain named companies; and if it is so intended, that plaintiff be required to name such claimed subsidiary or affiliated corporations or companies, and to plead of what company or corporation he claims they are subsidiary or affiliated, all as ordered by this court on February 3, 1936, in cause number 4520L.” The second paragraph states; “That plaintiff be required to make more definite and certain the first sentence of paragraph 18 of said amended complaint which reads; ‘Thereafter, on the dates hereinafter specified the other defendants and the following major producers and distri butors became parties to the aforesaid combination and conspiracy,’ by stating whether it is intended to charge by the words ‘because parties’ any other act than those specified and deferred to in the rest of said paragraph 18 and if it is so intended, that plaintiff be required to set out such acts, all as ordered by this court on February 3, 1936 in cause number 4520L.” The third paragraph asks the plaintiffs to name “producers of independent films” who were unable to procure exhibition of their films in defendants theatres, to what theatres and where located and what independent producers were obliged to convey their assets to the defendants, or affiliated major producers and defendants, and to name the independent producers obliged to merge with defendants and also to name the independent producers who were compelled to retire from business. The next paragraph asks that the plaintiffs be required to name the independent exhibitors referred to who were “unable to operate their houses profitably without the defendants films and where houses were located,” which had been charged license fees “of increased average 100 to 300 per cent” and to name the exhibitors whose prices for admission were increased from 500 to 1,000 per cent as a result of the complaints. Additional paragraphs ask that instances of damage to Momand firms be made more definite and certain and “to show the nature, extent and manner in whc.i the alleged unlawful acts of the defendants” injured the following Momand organizations: The Home Amusement Co. of Shawnee; The Okmulgee Theatres Co., Inc.; The Guthrie Theatre Co., Inc.; The Oklahoma City Theatre Co., Inc.; The Maud Theatre Co., Inc.; the Momand Realty Co. and the Momand Theatres, Inc. Ascap Dismisses a Suit Against Wm, Strieker Tulsa, Okla. — The American Society of Composers, Authors and Publishers, through David R. Milsten, local representative has dismissed a copyright infringement suit against William H. Strieker, Sand Springs theatre owner. Strieker settled the case out of court. The plaintiffs sued him more than a year ago and asked a minimum judgment of $250 on each of two counts because Strieker used the tunes, “Sweet Sue” and “Bye, Bye, Blues” without permission in a theatre program. Meredith to Coniab Charleston, S. C. — Charles H. Meredith, managing director of the famous Dock Street Theatre, attended the annual meeting of the National Theatre conference in Cleveland. BOXOFFICE :: January 21, 1939 S 67