Boxoffice (Jul-Sep 1940)

Court Decisions Near Government and Momand Suits Crescent's Hearing Progress in Oklahoma City Nashville, Tenn. — Actual hearing on the government’s anti-trust suit against Crescent Amusement Co. and affiliated exhibitors and a group of film distributors is believed to be near, with Federal Judge Elmer D. Davies in U. S. District Court here August 15 denying one and granting another of defense attorneys’ motions. A motion for elimination of charges that Crescent and its affiliates and certain film distributors used control of feature films to destroy or restrain competition was denied. A second motion of defendants seeking to eliminate from consideration certain particular cases cited by the government’s bill of particulars, but on which information was incomplete, was also denied, meaning that the defendants appear to have to go to trial facing all charges as originally proposed. However, Judge Davies granted a motion of defendants for an order directing the government to supply any information it may obtain that would complete the bill of particulars. In addition to Crescent Amusement Co., Nu-Strand Corp., Cumberland Amusement Co., Strand Enteiiirises, Inc., Rockwood Amusement, Inc., Cherokee Amusement, Inc., and the Kentucky Amusement Co., owners and operators of theatres in Tennessee, Kentucky, Alabama, Arkansas, and Mississippi were listed as defendants in the filing of the motions. Several of the largest of the film distributing concerns were also named as defendants in the motion, seeking to eliminate the feature film control charges. Original anti-trust suit was filed in Nashville on August 11, 1939. Tucker to Albuquerque: Patterson Promoted Dallas — Confirming the promotion of Fred Patterson to the position of city manager of Interstate, or Texas Consolidated Theatres, in Amarillo, Raymond Willie, assistant to R. J. O’Donnell, said Patterson succeeds George Tucker who has been transferred to Albuquerque as city manager there. Tucker succeeds Arthur Esberg, who resigned to enter business for himself. Willie left Wednesday by plane to inaugurate Tucker into his new assignment. Amarillo Union Fetes Two Interstate Men Amarillo — Union projectionists tossed a party here in honor of George Tucker, Interstate city manager, on his transfer to Albuquerque, and welcoming Fred Patterson, former manager of the State, as the new city manager succeeding Tucker. The projectionists and their organization furnished barbecue and refreshments for a big crowd which included independent exhibitors and their families, as well as the Interstate family. Among those attending were A. H. Truitt and Mrs. Truitt of the new Star; Roy DeVinney, assistant to Truitt, Mrs. DeVinney and son Billy; Jim Golding, of the Rex; Ben Golding, Texas; L. Jacobson, Liberty, and together with all Interstate employes of the Capitol, Rialto, Paramount and State. A number of gifts of appreciation were presented to Tucker. Patterson, however, was unable to attend the party, having been called in to the general office at Dallas in connection with his new duties. Oklahoma City — Federal Judge A. P. Murrah, presiding judge in the government’s anti-trust suit against the Griffith Amusement Co. of Oklahoma City, has issued an order upon stipulation of Charles E. Dierker, U. S. district attorney, attorney for the plaintiff, and attorneys for Columbia Pictures Corp., United Artists Corp. and Universal Film Exchanges, Inc., that the defendants may be granted until September 15 within which to file objections or answer Interrogatories propounded by the government. The government recently filed its interrogatories asking information regarding numerous contracts between the Griffith Amusement Co. and major distributing and producing companies. File for Facts The A. B. Momand vs. Griffith Amusement Co. and 20th Century-Fox Film Corp., listed as 6516 and 6517, in the court files, anti-trust suits also progressed further this week when the plaintiff filed a request for admission of facts under the rules of civil procedure for the district courts of the U. S. There were four exhibits attached, A, B, C and D. One was a copy of the Standard Exhibition contract which was in use from May 1, 1925 to Jan. 22, 1930, and final decrees of three federal court cases, E. C, Stanard of Stanard, Carey and Stanard, Shawnee, Okla,, where the plaintiff, A. B. Momand, makes his home, and George S. Ryan, Boston, Mass., attorneys for the plaintiff, filed the request for admission of facts. In these two suits Momand is asking triple damages totaling $4,500,000 for alleged violations of the Sherman anti-trust act, for damages he claims he sustained when he says he was forced out of business by conspiracy in restraint of trade. He formerly operated a chain of 18 theatres in the state of Oklahoma but is operating none at present. He owns the Odeon in Circulating Film Library Extends Ala, Education Birmingham — Organized visual education will come to Alabama schools for the first time during the coming school year through a newly organized circulating library of sound films by BiiininghamSouthern College. The talking films will be sent from one school to another to illustrate lessons from text books and newspapers. Films have been purchased from Erpi Educational Films, Inc., and a rapid expansion of the program is planned, according to W. M. Lively, alumni secretary of the college, who is directing the library activities. Product Deals Call Chain Executives to the East Dallas — For the closing of circuit deals for this time of year, R. J. O’Donnell is planning to return to New York over the weekend. R. E. Griffith is back east after a few days’ stay in his offices here. E. H. Rowley and C. V. Jones, of R&R, returned late last week from distributor home offices. Shawnee, Okla., but he leased that house to another exhibitor last year and is now engaged in the air conditioning business in Shawnee. Lists Several Decrees The request for admission of fact said “defendant distributors in licensing exhibition of motion picture films used a ‘Standard Exhibition Contract’ from May 1, 1925 to Jan. 22, 1930. The contract was adopted and used exclusively by the defendant distributors as a result of an agreement or understanding between them and other distributors of motion picture film. “On or about Jan. 22, 1930, in a suit in the U. S, district court for the southern district of New York, No, 45-100, entitled U. S, vs. Paramount Famous Lasky Corp., et al., the court entered a final decree, a copy of which is amended and marked exhibit ‘A.’ “Among defendants in this suit were Paramount Famous Lasky Corp.; First National Pictures Corp.; Metro-GoldwynMayer Distributing Corp.; Universal Film Exchanges, Inc.; United Artists Corp.; Fox Film Corp.; Pathe Exchange, Inc.; F. B. O. Pictures Corp.; Vitagraph, Inc.; Educational Film Exchanges, Inc., and certain film boards of trade including the Kansas City Film board of trade, the Oklahoma City film board of trade and the St. Louis board of trade. “On July 21, 1931 in a suit in the U. S. district court of the southern district of New York, No. 45-99, U. S. vs. First National Pictures, Inc., et al., the court entered a final decree, a copy of which is amended and marked exhibit ‘B’.’’ (Defendants in this suit were the same as in the Paramount Lasky case ) , Until September 15 “In a series of meetings at Omaha, Neb., June 22, 1930 to July 22, 1930, a zoning and protection plan for the Omaha distribution territory, a copy of which is attached as exhibit ‘C’ was adopted and agreed upon by certain individuals and corporations including a number of distributors of motion picture films, “Among corporations which agreed on said zoning plans were the following: Paramount-Publix Corp.; First National Distributing Corp.; RKO-Pathe Distributing Corp.; RKO Distributing Corp.; Vitaphone Distributing Corp.; Publix Theatres Corp. “On Oct. 15, 1937 in a suit in the U. S. district court for the northern district of Texas, Dallas Division, No. 3736-992, Equity, entitled U. S. vs. Interstate circuit, et al., the court entered a final decree, which is amended and attached as exhibit ‘D.’ “Among the defendants in this suit were: Paramoimt Pictures Distributing Corp.; RKO Radio Pictures, Inc.; Columbia Pictures Corp.; United Artists Corp.; Universal Film Exchanges, Inc.; 20th Century-Fox Film Corp. of Texas; Vitagraph, Inc., and Metro-Goldwyn-Mayer Distributing Corp.” All of the defendants in the Momand suits have until September 15 to answer the 585 questions asked in the two interrogatories filed by the plaintiff recently, The federal government suits against the Griffith circuit is also at the same stage and defendants in that suit also have until September 15 to answer or file objections to the government’s interrogatories. BOXOFFICE :: August 24, 1940 S 59