Boxoffice (Jan-Mar 1941)

Ind'p'ts Fight Each Other Under Decree New York — It’s a case of independent versus independent largely in complaints thus far filed under the arbitration machinery of the decree although affiliated theatres have not escaped entirely. A resume of the 17 cases filed during February, the first full month of arbitration, further reveals that, of the total, 13 deal with clearance disputes, as defined in Section VII of the decree, and four with “some run,” covered generally in Section VI. Two cases fall into both classifications, each of them filing a double demand on clearance and “some run.” What the cases are, who filed them and on what date, plus designation as to the order of filing in each tribunal city follow: Boston Case No. 1 — Filed February 13. Demand and submission involving dispute under Section VI (some run), Paulston, Inc. Benjamin Gold, general manager. With: Paramount Film Dist. Corp., Loew’s, Inc., Vitagraph, Inc., RKO Radio Pictures, Inc., and 20th Century-Fox Film Corp. Interested party: Colonial, Nashua, N. H.; M. A. Shea circuit. Case No. 2 — Filed February 26. Demand and submission involving clearance dispute. Garbose Bros., Athol, Mass. With: Paramount Film Dist. Corp., Loew’s, Inc., 20th Century-Fox Film Corp., Vitagraph, Inc., RKO Radio Pictures, Inc., RKO Theatres, Maine and New Hampshire Theatres Co., Loew’s Boston Theatres. Other theatres named in controversy: York, Metropolitan, Paramount and Fenway, Boston; Fitchburg, Fitchburg. Named as interested party: George A. Giles Co., Cambridge, Mass. Chicago Case No. 1 — Filed February 13. Demand and submission involving some run dispute. E. F. Van Derveer, owner, State Theatre, Morris, 111. With: Loew’s, Inc. Named as interested parties: Morris, Times theatres both of Morris, 111. Case No. 2 — Filed February 18. Demand and submission involving some run (Section VI). Ken Theatre Corp. With: Paramount Film Dist. Corp., 20th Century-Fox Film Corp., RKO Radio Pictures, Inc., B. F. Keith Orpheum Corp., RKO Proctor Corp., RKO Midwest Corp. Theatres involved: Shakespeare, Pix. Named as interested parties: Arthur Schoenstadt, H. Schoenstadt and Sons. Cleveland Case No. 1 — Filed February 15. Demand and submission involving clearance dispute. Ellet Amusement Co. With: Paramount Pictures, Inc., Paramount Film Dist. Corp., Loew’s, Inc., Loew’s Film Dist. Co., RKO Radio Pictures, Inc., Warner Bros. Pictures, Inc., Vitagraph, Inc., 20th Century-Fox Film Corp., W. L. Hart, Cooperative Theatres of Ohio, Inc., Milton Mooney. Named as interested parties: Norka, Rialto and Ellet theatres. Chronology New York — This is what happened by the calendar during February, first full month during which arbitration functioned under the decree. Dates, of course, tell when complaints were filed. By referring to the cities alongside the dates but in the accompanying article, the whole picture rounds out: Filing Date City of Filing Feb. 7 Washington Feb. 13 Boston, Chicago, Washington Feb. 15 Cleveland Feb. 17 Detroit, New Orleans Feb. 18 Chicago, New York Feb. 19 Dallas Feb. 21 Detroit, New York Feb. 24 Washington Feb. 26 Boston, Milwaukee, New York Feb. 28 Dallas v* ■ Dallas Case No. 1 — Filed February 28. Demand and submission involving clearance and some run. Joseph’s Drive-In Theatre, Austin, Tex. With: 20th Century-Fox Film Corp., M-G-M Pictures Corp., Loew’s, Inc., M-G-M Dist. Corp. of Texas. Named as interested parties: Interstate Theatres, W. G. Underwood and Claude Ezell, both of Dallas. Denver Case No. 1 — Filed February 19. Demand and submission involving dispute under Section VI (some run). Joseph J. Goldstein Enterprises, Inc., operating Longmont, Longmont, Colo. With: 20th Century-Fox Film Corp., Loew’s, Inc., Paramount Pictures, Inc. Named as interested party: Fox Longmont, Longmont, Colo. Detroit Case No. 1 — Filed February 17. Demand and submission involving clearance (Section VII). Booth Theatre, Julius D. London, owner. With: Vitagraph, Inc., Pai’amount Pictures, Inc. Other theatres named in controversy: Del, De Luxe, Whittier, East End, Cooperative Theatres of Michigan. Case No. 2 — Filed February 21. Demand and submission involving clearance and some run. Julius D. London and Milton London, co-partners doing business as Midtown Theatre, Detroit. With: Paramount Pictures, Inc., Loew’s, Inc., RKO Radio Pictures, Inc., Vitagraph, Inc., 20th Century-Fox Film Corp. Other theatres Stage Hit to Columbia ; Sherwood Makes Trio New York — Columbia will distribute the Pulitzer prize winner, “The Time of Your Life,” with the author, William Saroyan, and Lester Cowan as producers. The deal calls for more than 50 per cent of the financing to come from a bank with Columbia px-oviding the studio. Cowan is also producer for Columbia of “Ladies in Retirement.” Robert M. Sherwood has signed to produce three pictures for Columbia, with the financing ostensibly handled privately by himself. He made “Adam Had Four Sons.” Affiliateds Don't Go Free, However named in controversy: Coliseum, Majestic, Globe, all Detroit. Named as interested parties: Cooperative Theatres of Michigan, Inc., Mutual Theatres, both Detroit. Milwaukee Case No. 1 — Filed February 26. Demand and submission involving clearance. Evansville Theatre, Inc., operator of Rex, Evansville, Wis. With: Paramount Film Dist. Corp. Other theatre named in controversy: Jeffris, Janesville, Wis. New Orleans Case No. 1— Filed February 17. Demand and submission involving some run (Section VI). Modern Theatre, Inc., (drive-in theatre), Charles J. Woolner, president. With: Paramount Film Dist. Corp. New York Case No. 1 — Filed February 18. Demand and submission involving clearance. Hilary Theatre Corp., operating Regent, Brooklyn, N. Y. With: Paramount Pictures, Inc., Loew’s, Inc., RKO Radio Pictures, Inc., 20th Century-Fox Film Corp., Vitagraph, Inc. Named as interested party: Apollo Theatre, operated by Argosy Amusement Corp. Case No. 2 — Filed February 21. Demand and submission involving clearance. Esquire Great Neck Corp., operating Squire, Great Neck, N. Y. With: Paramount Pictures, Inc., Paramount Film Dist. Corp., Loew’s, Inc., RKO Radio Pictures, Inc., Radio-Keith-Orpheum Corp., Warner Bros. Pictures, Inc., Vitagraph, Inc., 20th Century-Fox Film Corp. Theatre named in controversy: Great Neck Playhouse, Great Neck, N. Y. Case No. 3— Filed February 26. Demand and submission involving clearance. Monseigneur Enterprises, Inc., operating Forum, Metuchen, N. J. With: Paramount Film Dist. Corp., 20th Century-Fox Film Corp., Warner Bros. Pictures, Inc., Loew’s, Inc., RKO Film Corp. Other theatres named in controversy: Paramount, Oxford, Strand, all in Plainfield, N. J. Named as interested party: Walter Reade Theatres, 701 7th Ave., New York. Washington Case No. 1 — Filed February 7. Demand and submission involving clearance. Walbrook Amusement Co., Baltimore. With: 20th Century-Fox Film Corp., Vitagraph, Inc. Named as interested parties: Ambassador, Forrest and Gwynn theatres. Case No. 2— Filed February 13. Demand and submission involving clearance. John H. Taylor, owner Charles Theatre, La Plata, Md. With: Paramount Pictures, Inc., RKO Radio Pictures, Inc., Columbia Pictures Corp., Loew’s, Inc., 20th Century-Fox Film Corp. Named as interested party: Sidney Lust, owner, Marlboro. Case No. 3 — Filed February 24. Demand and submission involving clearance. Westway Theatre, Inc., Baltimore. With: 20th Century-Fox Film Corp., Loew’s, Inc., Vitagraph, Inc. Other theatres named in controversy: Edgewood, Alpha and Irvington. BOXOFFICE :: March 8, 1941 13