The Film Daily (1938)

Tuesday, November 29, 1938 w tUILV MAJORS FILE BRIEFS IN N. Y. EQUITY SUIT {Continued from Page 1) more definite statement by the Justice Department of its allegations of the petition and for a bill of particulars setting forth in detail the cha-—^s made. tT"^ed Artists, it was learned yester^y by The Film Daily, has not yeii impleted its brief, but expects to file it within the next few days. The memorandum filed on behalf of a large bloc of defendants, including Paramount, 20th-Fox, Irving Trust, trustee in bankruptcy of RKO Corp.; Loew's, Inc.; the Chase National Bank; Warners; K-A-O; Universal, and Courtland Smith, together with other individual defendants named in the Government's complaint and associated with the foregoing corporations, asks that a bill of particulars be ordered by Judge William 0. Bondy in the action (1) to enable the defendants to answer and prepare their defense without needless expense, (2) to aid the Court in an orderly and expeditious disposition of the case; (3) to clear up ambiguities, uncertainties and indefiniteness in the petition, and (4) to prevent surprise. 35 Separate Requests Made Defendants, making 35 separate requests, each of a specific nature, argued that their rights are not diminished by the fact that conspiracy is charged. Among the salient reauests are that (a) the essential particulars be given by the Government because the industry is charged with at least four violations of the Sherman Act, namely, having attempted to monopolize; having monopolized; having combined, and having conspired to monopolize the market for the exhibition of films in first-run metropolitan theaters throughout the U. S.; (b) particulars are also essential in light of the allegations that the defendants have contracted, combined and conspired to restrain interstate trade and commerce, in the production, distribution and exhibition of motion pictures; and (c) that the Government apprise the defendants as to when violations commenced, and the nature of these violations with respect to the specific instances the plaintiff has in mind or of record. Also the Government is asked for the names of those against whom the violations are alleged to have been committed so that the industry can prepare its defense. Louis D. Frohlich. of the law firm of Schwartz & Frohlich. as f-ounsel for Columbia filed the latter's brief which asked the Government for a more definite statement of charees and for an order extending: the time of the defendant, together with officers and directors of the corporation, to answer. No Major, Savs Columbia Text of the Columbia memorandum declared that the corporation "is at a loss to understand why it Waltzing Copper Detroit — Patrolman Arvid Friedlund and Catherine De Munnick won the local "Great Waltz" contest and will go to Cleveland for the district competition Dec. 7. Rep. Closes Product Deal With Skouras Met. Circuit Republic yesterday closed a deal for its 1938-39 product to play the 65 houses of the Skouras Metropolitan circuit. Contract calls for both features and serials. Morris Epstein, manager of Republic's New York exchange, acted for the producer-distributor, and John Benas represented Skouras in the negotiations. National Grange Takes No Action on IFI Plan Portland, Ore. — The Department of Commerce's ambitious plans to establish an Industrial Film Institute came up for consideration at the National Grange conclave here, but no action was taken. The IFI plan contemplates the enlistment of granges as exhibitor media. B & K to Move Offices? Chicago — It is reported that Balaban & Katz will move their general offices to the State Lake Building, after Jan. 1. The offices are now located in the Chicago Theater building and the Loop End building, next door. was made a party to this suit"; took issue with the definitions of industry terms in the complaint; denied that it is a major producer in the sense that other principal film organizations are; declares that the petition should be dismissed against it if the Government stands upon its several definitions; and criticizes the plaintiff for dealing in generalities which make Columbia a party to an action in an unjustified manner. Ordinarily, it is cited in the briefs filed yesterday by the various defendants, in a civil suit under the AntiTrust Laws brought by an individual, the defendant would have an opportunity to examine the petitioner before trial, but that liberty does not exist where the Government is the petitioner. The only individuals whom defendants may examine before trial are those who were, according to the Government's claims, victims or participants in the alleged conspiracy. Until the names of those persons are known and until the acts claimed to have been committed are disclosed, it will be impossible for the defendants to take advantage of the New Rules of Civil Procedure which are intended to aid both the courts and litigants in having issues defined in advance of the trial so as to save time and expense on the part of all concerned, it is contended by the film companies. New UA-Selznick Deal Almost Set — Selznick (.Continued from Page 1) lywood last night with Mrs. Selznick on the Golden Arrow. "A reduction in percentage has been made in terms of new UA contract offered to us, and majority of important matters have been worked out with only a few details left to be discussed to make terms of contract satisfactory to myself and John Hay Whitney, board chairman," Selznick said. He stated that the deal would probably be for two years. No set number of pictures has been stipulated as yet, but Selznick said that probable minimum of six per year would be final figure. Conferences between Whitney and Maurice Silverstone and further huddles on the Coast between Whitney and Selznick will be held before deal will be closed, it was said. He said that pact probablv would be signed after Whitney's arrival on the Coast in January unless there is a hitch before that time. Question of whether or not he could produce pictures for release away from UA has not been discussed, Selznick said. GN, Educational Moving to AP Building Friday Grand National and Educational move to their new home in the Associated Press Bldg., Radio City, next Friday. An entire floor has been leased. All executive offices will be maintained in the new quarters but the GN exchange remains at 630 Ninth Ave. Relief Fund Air Show Makes Its Debut Jan. 8 West Coast Bureau of THE FILM DAILY Hollywood — The radio show being readied by the Screen Actors' Guild and the Motion Picture Relief Fund, will have its debut on Jan. 8, according to present plans. Gulf Oil has contracted to sponsor the show. Disney's Father Improves W est Coast Bureau of THE FILM DAILY Hollywood — Elias Disney, father of Walt Disney, was reported yesterday to be rapidly improving from gas fumes which killed his wife. MAY COMPLETE TRADE REFORM DRAFT TODAY (Continued from Page 1) the approvals of the boards of directors of Allied, MPTOA and the unaffiliated organizations. It is understood that Allied will call a board meeting as soon as the draft is ready for presentation. One of the chief difficulties which faced the distributors, it was learned, was the matter of designated programs. This issue has created a great deal of interest in trade circles and the manner in which it is to be handled under the proposed plan is being awaited anxiously. It is also believed that a system of arbitration will be presented. It ;s understood that a majority of Allied leaders are in favor of arbitration, with the acceptance or rejection of the plan hinging on the wording of the proposal. MPTOA's executive committee is due in New York Dec. 8 or 9 to study the trade practice plan. Skirball to Coast Friday to Launch GN Production Jack Skirball, Grand National nroduction head, leaves for the Coast Friday to launch the company's production schedule. First picture, as yet untitled, goes before the cameras on Dec. 12. Skirball will remain at the studios permanently. C. W. Thornton Quits GSS for Post With Ed Small West Coast Bureau of THE FILM DAILY Hollywood — Edward Small has signed C. W. Thornton as executive business manager. Thornton resigns as secretary-treasurer of General Service Studios to immediately assume his new duties. Mrs. Hamlin's Father Dies Mrs. Stella Hamlin, publisher of Film Curb, flew to Cheyenne last night to attend the funeral of her father, G. Baker, who died there Sunday morning at the age of 78. Besides Mrs. Hamlin, two other daughters, a brother and Mrs. Baker, survive the deceased. mmwmFa;Qms^i^^^^^m^u^^wrw:^n . ■ ■■ am Watch - CINECOLOR WmjkS^^^MMMjfls^^:^$M'Q-^^--^ '.-o vU^Ue-U v MS^g.