The Exhibitor (1953)

EXHIBITOR 9 Highest Court Upholds First-Run Policy Smith All-Purpose Drive-In Screen Claims 2-Hour Starting Advantage Boston — Philip Smith, exhibitor and drive-in pioneer, last week revealed that the company which he heads, the OpenAir Development Corporation of America, has perfected a new all-purpose drive-in screen surface that is said to permit start¬ ing times in open-airers up to two hours earlier than at the present time, due to increased light reflectivity. The product has no trade name as yet. Smith stated that the new screen would enable drive-ins to approach indoor clar¬ ity and brightness in their presentations. The new screen is described as lenticular, made of an all-weather, non-corrosive, maintenance-free metallic material and is said to afford an increase of more than WB Stockholders To Vote New York — A proxy statement mailed last fortnight in connection with the annual meeting of Warners’ stockholders on Feb. 3 in Wilmington, Del., revealed that the company’s directors and three highest paid officers received $434,910 in the six months ended on Aug. 31. Individual amounts are Harry M. War¬ ner, $52,000; Jack L. Warner, $52,000 Samuel Schneider, $52,050; Benjamin Kalmenson, $52,000; Albert Warner, $39,000; Samuel Carlisle, $25,010; Stanleigh P. Friedman, $32,550; and Robert W. Perk¬ ins, $45,910. At the annual meeting, three directors will be elected for two-year terms. Man¬ agement nominees for reelection are Car¬ lisle, Friedman, and Schneider. Warner common stock holdings on Nov. 15 were Carlisle, none; Friedman, 600 shares; Schneider, 250; Waddill Catchings, none; Perkins, 500; Albert Warner, 159,675 and 20,000 in a trust; Harry Warner, 117,600 and 8,000 in a trust; and Jack Warner, 232,699 and 12,750 in a trust. Spring Valley Suit Settled New York — An anti-trust suit filed by Betty Freeman, head. Parkway Theatre Company, operating the Parkway, Spring Valley, N. Y., which sought trebled dam¬ ages of $450,000, was settled last week during a pre-trial hearing before U. S. District Coimt Judge Irving Kaufman. The action against RKO, 20th-Fox, Para¬ mount, Warners, Universal, and the Spring Valley Theatre Company, operating the Valley, charged refusal of runs to the Parkway and a holdup of 30 to 90 days in availability. Bernhard Joins SW New York — S. H. Fabian, president, Stanley Warner Corporation, announced last week the appointment of Joseph Bernhard as consultant on management relations for the company. Bernhard is one of the top executives of the industry, having had large experience in varied branches of the trade. He was most recently in production. 200 per cent in reflectivity over present screens. The greater reflectivity is said to provide for easy CinemaScope and other wide-screen use. Smith claims the screen provides truer color, better definition, and a brighter picture at all times, and will entirely eliminate the dark print and dark scene problem now a major drive-in difficulty. Weather permitting, the screen will be demonstrated on Feb. 28 at Smith’s S-3 Drive-In, Rutherford, N. J., at which time orders will be taken for late spring delivery. Smith is also president. Midwest DriveIn Theatres, Inc., which owns 22 openairers. Federation Lists ""Bests" Washington — An editorial committee representing 55 motion picture previewers of the General Federation of Women’s Clubs last week announced its selection of the year’s “10 best” films. They are “Julius Caesar,” “From Here To Eternity,” “The Robe,” “Lili,” “How To Marry A Mil¬ lionaire,” “Stalag 17,” “Gilbert And Sulli¬ van,” “Little Fugitive,” “The Beggar’s Opera,” and “Crash Of Silence.” The best foreign picture was judged “The Little World Of Don Camillo,” and special men¬ tion in the documentary class went to “The Living Desert.” Best actor was James Mason in “Julius Caesar;” best actress, Leslie Caron in “Lili;” best director, Fred Zinnemann for “From Here To Eternity;” best child actress, Mandy Miller in “Crash Of Silence;” best child actor, Richie Andrusco in “Little Fugitive;” best support¬ ing actor, Frank Sinatra in “From Here To Eternity;” and best supporting actress, Gabrielle Dorziat in “Little Boy Lost.” Crowther Getting SDG Award Hollywood — It was announced last week that Bosley Crowther, motion picture critic. The New York Times, will receive the first Screen Directors Guild Critics Award at the annual dinner on Jan. 24. Silas F. Seadler, MGM advertising manager, in New York recently accepted from Henry Roberts, president, Nostradamus Society, a plaque honor* ing MGM for producing the "Nostradamus" short subjects. They are made by Carey Wilson. Rules Against Plea Of House In Baltimore, Md., Which Claimed Companies Had Violated Anti-Trust Acts Washington — The U. S. Supreme Court ruled last week against Harry D. Myerberg, neighborhood Crest, Baltimore, Md., in his contention that eight distributors violated the Sherman anti-trust act by denying him firstrun films in preference to downtown houses. The court’s decision, with Justice Black dissenting and Justice Douglas abstaining, stated that distribu¬ tors can deny first-runs to a suburban house without necessarily being involved in an illegal conspiracy. Myerberg, who sued for treble damage and an order stopping the alleged conspir¬ acy, had been trying to get first-runs since construction of the Crest in 1948. The companies contended that their gen¬ eral policy allows first-runs for downtown houses only. Counsel for the defense cited figures to prove that downtown first-runs were grossing three to four times as much as Myerberg’s best bid for a new film. Myer¬ berg had previously lost in two lower courts. Justice Clark, in the opinion, said, “This court has never held that proof of parallel business behavior conclusively establishes agreement or . . . itself constitutes a Sher¬ man act offense.” The decision also stated that “an exclusive license for the Crest would be economically unsound because the Crest is a suburban theatre located in a small shopping center and served by limited transportation facilities” and “with a drawing area of less than one -tenth of a downtown theatre.” Abram F. Myers, , National Allied board chairman and general counsel, later hailed the court’s ruling, declaring that it “should have the effect to clear the court dockets of flimsy cases involving only parallel action” while not affecting “cases involving overt acts of conspiracy or which button on the Paramount case.” Myers warned that distributors “should not get the idea that the way has been cleared for a resumption of discriminatory practices against independent exhibitors and in favor of presently or formerly affiliated theatres such as were condemned in the Paramount case.” He reminded that decrees in the Paramount case “will sup¬ ply the necessary proof of conspiracy.” The Allied leader stated that the court decision upheld his position that “in the absence of collusion or conspiracy, film companies may safely select their custom¬ ers for sound business reasons, and it is not necessary for them to institute bidding for their protection.” Myers said that bidding was essential only when an inde¬ pendent demands films on a run formerly monopolized by a circuit house, and dis¬ tributors’ refusal to sell is based on conditions condemned by the court in the Paramount case. Herman M. Levy, TOA general counsel, later warned that the decision was no (Continued on page 22) January 13, 1954