Boxoffice (Oct-Dec 1938)

MOMAND'S ANTI-TRDST PETITION IS AMENDED CONSISTENT WITH ORDER RY FEDERAL JUDGE Necessary Detailed Information Supplied by Plaintiff By ERNEST W. FAIR Oklahoma City — In conformance with orders by District Judge A. P. Murrah, the petitions of A. B. Momand in his $4,500,000 suit against major producers, distributors and circuits have been amended and filed in the U. S. district court clerk’s office here. At the last hearing before Judge Murrah the plaintiffs were instructed to make their petition conform with the orders of Judge Edgar S. Vaught resulting from a previous similar suit. Judge Murrah intimated unless this was done he would sustain the defense motion to quash the suits. Important Changes A number of important changes over the original petition have been incorporporated in this new amended petition and considerable material added. Most of the added material involves more detailed designation of specific instances leading up to the alleged “conspiracy” and “violation of the anti-trust laws.” The suit involves several specific items, with each theatre or location of Momand’s being itemized. In each complaint specific actions in the alleged “conspiracy” are now set forth in detail and as elaborately as possible. Most of these involve statements of acts and situations “known to the defendants but which cannot, of necessity, be presented in detail.” Of particular interest are paragraphs 36 and 37 in suit 6517L, master suit of the two. These new paragraphs explain the progress of the preceding action upon which the current suits are based and present in detail, Momand’s specific reasons for filing these suits here in the U. S. district court for the western district of Oklahoma and in the U. S. disrtict court at Boston. Suit 6516L was filed there as well as in Oklahoma City to make certain of services upon some of the defendants. “On or about April 17, 1930, the plaintiff brought an action in this court against the defendants and the said major distributors and certain other persons and corporations engaged in the said combina( Continued on page 381 Financial Backing Aiding Fulgham' s Tyler Theatre Tyler, Tex. — The Joy Theatre, independent house opened early in the year by H. E. Fulgham, former Dallas film man and booker, is now in the expansion stage with considerable new capital and a modernizing program in progress. For future operation, a Texas charter has been granted to Fulgham; W. A. Pounds jr., vice-president of Tyler State Bank and oil man; and Leslie Neill, director of that bank and prominent young attorney. Fulgham will continue to operate machines in the booth. A house manager will be employed. All new upholstered chairs and new sound will be installed, according to Pounds. Peoples Annexes One Luverne, Ala. — The Ritz Theatre at Brantley has been purchased by Peoples Theatre, Inc., of Alabama. A. L. Morgan, who established the house, is with the Peoples organization in a managerial capacity. Charlie Orr is manager of the Luverne. GUARANTEED THEATRE EQUIPMENT IS only as good as the guarantee behind it; The guarantee is only as good as the maker of the guarantee; All these years our guarantees have been backed up to the letter. Our customers will verify this. As in years gone by, our guarantee will be the same in 1939. HERBER BROTHERS 'Fair Treatment and Adequate Service Always' 210 SOUTH HARWOOD DALLAS. TEXAS 34 BOXOFFICE :: December 17, 1938