Boxoffice (Jan-Mar 1940)

Nine New Suits In, 8 Out Since Jan. 1 (Continued from page 5) Rome and majors, which has resulted in a change of clearance favorable to the plaintiff. Herman Weingarten of the Surf and Cameo, Miami, withdrew his action with the sale of the houses to Wometco, a defendant with the majors. Frank Ford of the Stadium, Evanston, 111., closed with 20th-Fox and M-G-M and eliminated them and B&K from an antitrust action. The Lenrose Amusement Co. of Newark, which sought $150,000 damages, and Mobeel Enterprises of Brooklyn, asking for $75,000 in triple damages, were discontinued after some months. Major counsel states “less than $2,500 was paid in the settlements.” In both cases, inability to secure product was charged. Although a settlement appears imminent, the Harry Fried suit against the majors and Warner in connection with his three Main Line theatres in subsequent Philadelphia areas may yet come to trial. Fried has been in New York negotiating terms. It is understood arrangements had been completed for Paramount and Columbia product to be released by Warner and given to Fried, but the plaintiff is demanding “better terms.” While progress continues in the negotiations by Emil K. Ellis, attorney for Jack Fields of the Cameerr Jersey City, N. J„ the filing of an anti-trust suit against the Skouras circuit and majors is in the hands of George P. Skouras. Ellis is trying to get Skouras to let the Cameo play M-G-M product not dated by Skouras’ Fulton. If this is permitted, the Cameo would move up ahead of a number of Skouras’ subsequent runs. Following closely on the heels of the recent Westway, Baltimore, victory, the majors were handed another favorable order when the Philadelphia circuit court of appeals set aside a temporary injunction granted by Judge Kirkpatrick in the Landis, Vineland, N. J., antivtrust suit. The circuit court held the enjoinder was prematurely issued. Some time ago, Judge Knight in Buffalo refused to grant the government an injunction restraining the Schines from reopening closed theatres, acquiring new ones and building others. Oral arguments have been concluded in Nashville on the distributors’ demands for a bill of particulars in the Crescent case. A decision is being awaited. After 178 days, testimony has been completed in Boston in the Morse & Rothenberg suit which has been pending for three years. A special master will make his recommendation shortly at which time it may be decided to have the case heard by a jury. From Beatrice, Neb., is a report Frank Hollingsworth, who recently acquired the New Pix, is contemplating an anti-trust action against Fox Midwest. He is complaining about lack of product. Better U. S. Grosses Is the Hope-Mayer (Continued from page 5) duction budgets, there is always a flexible leeway on the M-G-M lot that is of more importance. This, in the opinion of Mayer, is what is primarily responsible for the many big productions his company turns out. Thus the production head of M-G-M explained in leading up to his pronouncement here while attending the world premiere of "Young Tom Edison,” that while annual budgets may be announced at M-G-M sales conventions, they are more or less only guiding figures to go by and not absolute requirements. As for 1940-41, Mayer said that no plans have yet been studied very thoroughly but that the announced budget will be somewhere in the neighborhood of that for this season, $42,500,000. “And despite the European situation,” he said, “we will spend all we announced for this year, if not more, on our pictures.” “Our main problem is to make pictures,” he said. “And as long as we have the merchandise we are not afraid of whether the distribution department will get it back or not. War or no war, we feel that big pictures will always get more extended playing time. Not because we ask for it, but because the smart exhibitor, himself, will extend the playing time of product that is getting him money.” Touching briefly on the Neely bill, Mayer said that such legislation is primarily bad for the smaller exhibitors in the business and would not be as harmful to the major studios. "We'll continue to make big pictures and ones such as ‘Ninotchka,’ ‘Northwest Passage,’ ‘Young Tom Edison,’ and the many other big ones we have coming— and we have more big ones than all the rest put together — can get playdates under block booking or any other plan of distribution in the industry.” Mayer in talking to local reporters during his visit here, tosk time to scotch charges that the industry in Hollywood had a strong leftist taint and that its propaganda was aimed almost exclusively at fascism and naziism and not at communism. “Those charges are stupid,” he said. “As a matter of fact, M-G-M has made one picture aimed at communism, ‘Ninotchka.’ After all that has been said in that picture, there is nothing more to say on that subject.” Willard Patterson Rites Are Held in Atlanta Atlanta — Funeral services were held here Saturday for Willard C. Patterson, who died at Palm Springs, Calif., Monday from tuberculosis. Long in exhibition and latterly a Warner theatre executive in charge of labor, Patterson was well known. Surviving is Mrs. Patterson, the former Anna Aiken who, for years, was publisher and editor of the Weekly Film Review, a publication consolidated in 1930 with Boxoffice. Nat Fellman of the Warner theatre staff represented the company at the services. RICHARD CROMWELL • DORIS DAY GEORGE BARBIER and RADIO S BRIGHTEST STARS • A Republic Picture 14 BOXOFFICE :: February 17, 1940