Boxoffice (Jan-Mar 1941)

rr Text of El let Complaint '*= _ .. =u Cleveland — Following is the text of the demand by the Ellet Amusement Co. for arbitration, the initial complaint to come before the local motion picture tribunal : To: LUKE LYMAN, Clerk of the Tribunal: The undersigned, in accordance with the rules of Arbitration and Appeals, demands that the controversy hereafter described be submitted to arbitration under the Motion Picture Decree, and files herewith a submission dated February 15th, 1941, in accordance with the provisions of Section XXII, subdivision 9, of said Decree. 1. Statement of Claim and Relief Sought: Complainant plans to operate as an exhibitor of motion pictures for profit in a moving picture theatre house now under construction, located on the west side of the Akron-Canton Road between Albrecht Avenue and Triplett Boulevard, in the City of Akron, Ohio, to be known as the Ellet Theatre. The theatre will commence operations immediately upon completion of the building on or about March 15, 1941. When completed, the building will constitute a modern stone and brick construction moving picture house with eight hundred (800) seats all located on the main floor. Complainant desires to operate the Ellet Theatre as a twenty-eight cent (28c) neighborhood house exhibiting moving pictures on an irrespective Akron run basis, namely with the right to exhibit feature moving pictures commencing with the forty-second day after the completion of the Akron first run of the given feature. The Ellet Theatre will exhibit double features from time to time, but its policy of operation will not include gift nights, giveaways, premiums, cut rate tickets, lotteries, et cetera. Complainant has requested Paramount Pictures, Inc., Paramount Film Distributing Corporation, Loew’s, Inc., RKO Radio Pictures, Inc., Warner Bros. Pictures, Inc., Vitagraph, Inc., and Twentieth CenturyFox Film Corporation, the distributor-defendants herein, to respectively grant to complainant a license to exhibit feature moving pictures owned by said distributordefendants in the Ellet Theatre, commencing on or about March 15, 1941, upon such an irrespective Akron run 28c-house basis. The request of complainant has been denied by said distributor-defendants upon the ground that they each entered into a license for the current motion picture season with exhibitor-defendant Hart, together with defendant CoOperative Theatres of Ohio, Inc., and/or defendant Milton Mooney, acting as book ing agents for Hart, with respect to the exhibition of feature moving pictures in the Norka Theatre, 1095-99 East Market Street, Akron, Ohio, and the Rialto Theatre, 3-9 Goodyear Boulevard, Akron, Ohio, each operated by Defendant Hart, whereby there is granted to each of said theatres a seven-day clearance against complainant’s Ellet Theatre. The effect of this clearance is to deny to the complainant the right to exhibit a given feature moving picture owned by one of the defendantdistributors until at least seven (7) days after the close of the rim of such feature picture in either the Norka or the Rialto Theatre. Complainant believes that the clearance as granted to the Rialto and Norka Theatres against the Ellet Theatre is an unreasonable one, judged on the basis of each and all of the factors listed in the provisions of Section VIII of that Consent Decree upon which this demand for arbitration is founded. THEREFORE, complainant asks that the Motion Picture Arbitration Tribunal find: 1. That the said clearance is unreasonable, both as between the Norka Theatre and the Ellet Theatre and as between the Rialto Theatre and the Ellet Theatre; 2. That the Tribunal further find that neither the Norka Theatre nor the Rialto Theatre is entitled to any clearance with respect to the Ellet Theatre; 3. That the Tribunal therefore declare inoperative that provision of the presently existing licenses between the distributor-defendants and defendant Hart, Co-operative Theatres of Ohio, Inc., and/or Milton Mooney, which grants to the Rialto and Norka Theatres any right of clearance with respect to the Ellet Theatre during the life of said licenses; 4. And that the Tribunal further order that no clearance shall be granted by any of the distributor-defendants to either the Rialto or the Norka Theatre against the Ellet Theatre in any licenses which may hereafter be granted by said distributor-defendants for the exhibition of feature moving pictures in either the Norka Theatre or the Rialto Theatre. Detroit Booking Agents Organize Association Detroit — Detroit booking agents have organized the Michigan Theatrical Agents and Bookers Ass’n, a non-profit association. Practically all local bookers are members. Sol Berns is president; Corine Muer, vice-president; Betty Bryden, secretary, and Del Delbridge, treasurer. Directors are Peter J. Iodice, Henry Lueders and Ken Conroy. Jacobs Distributing Two Novelty Shorts in Ohio Cleveland — M. M. Jacobs of Imperial Pictures has acquired two novelty shorts for northern Ohio distribution. They are “Synchrony No. 2” and “Rhythm and Light.” Without the appearance of human beings, these pictures, produced by Mary Ellen Bute, achieve effects through the manipulation of geometrical figures, jewelry and other objects. Louis Isreal Takes Issue to Arbiters Cleveland — The first complaint of an exhibitor seeking relief from alleged unfair trade practices in this district has been filed with the clerk of the American Arbitration Ass’n. Louis Isreal, owner of the 800-seat Ellet Theatre now under construction on the outskirts of Akron and president of the Ellet Amusement Co., asks, in his petition, for an irrespective run. At the same time he asks that existing contracts between W. L. Hart, owner of the Norka and Rialto theatres and the distributor-defendants granting seven days’ protection to these theatres, be declared inoperative. Clearance in Akron is by custom established by admission scales. Pictures are generally available to subsequent runs charging 28 cents on the 42nd day after the completion of the Akron first run. Isreal declares that he will charge 28 cents at the Ellet — the same price as prevails at the Norka and Rialto — and therefore, he contests the seven day protection granted these two theatres. Furthermore, he contends it is unreasonable for the Norka and Rialto to claim protection over the Ellet, which is more than three miles distant, while claiming no protection over nearer theatres. Defendants in the first arbitration case filed in this district are Paramount Pictures, Inc., Paramount Film Distributing Corporation, Loew’s, Inc., RKO Radio Pictures, Inc., Warner Bros. Pictures, Inc., Vitagraph, Inc., Twentieth Century-Fox Corporation, W. L. Hart, Co-operative Theatres of Ohio, Inc., Milton Mooney. Universal Branch Heads Meet With Dave Miller Cleveland — Dave Miller, Universal district manager, held a meeting of the branch managers and salesmen of his district here on Saturday at the Statler Hotel. F. J. McCarthy, eastern sales manager, was present. Branch managers attending were Joe Kauffman, Cleveland; Pete Dana, Pittsburgh; John Scully, Buffalo; Jere Spandau, Albany, and Peter Rosian, Cincinnati. The meeting was called to discuss new product and to carry out details of matters discussed at the recent Universal sales meeting in Chicago. Martin Printz Books Three From Pioneer Cleveland — Herbert Ochs and Col. Harry Long, operating Pioneer Film Ex-, change, have closed a contract with Martin Printz to play three of their pictures first run in Cleveland. They are “Pirate of the Seven Seas,” “Among Human Wolves” and “I Met a Murderer.” “Let George Do It,” another Pioneer release, played last week at the Palace, Akron, and is booked into the Esquire, Toledo. 58 BOXOFFICE :: February 22, 1941