The Film Daily (1940)

LL bT t N 7 H U-M lJb UN M P P J* 13 2 I ST F L 2 fi W 44TH ST DO NOT RE.M Mich. Co-op. Says Decree Freezes IndicIE Filing Protest With House Commerce Com., Arnold, Federal Judge Goddard Detroit — Co-operative Theaters of Michigan representing 100 independents is appealing to the House of Representatives' Committee on Foreign and Interstate Commerce stating: "All efforts of independent exhibitors opposed to the Neely Bill at hearings before your committee last Spring will be of no avail if Judge Goddard accepts and agrees to a 'consent' decree. Your committee knows this consent decree further freezes those evils the independent faces, adds additional burdens and relieves him of none of the deplor (Continued on Page 3) Neb. Ascap Hearing In Omaha Oct. 12 Omaha — Hearing will be held here on Oct. 12 to ascertain the character of the record which will go up to the U. S. Supreme Court in the action involving Ascap and the State of Nebraska. Louis D. Frohlich and Herman Finkelstein, counsel for Ascap, are scheduled to come here the latter part of next week from New York to insist formally that the record (Continued on Page 6) C. C. Pettijohn on Mend Following an Operation Charles C. Pettijohn, MPPDA general counsel, who underwent an operation Saturday in St. Agnes Hospital, White Plains, was reported yesterday as on the mend. Pettijohn for some time has suffered from an internal ailment. Dipson on Batavia Local Draft Board Batavia, N. Y.— First theater man to be appointed to a local draft board is believed to be Nikitas D. Dipson, head of the Dipson circuit operating in New York, Pennsylvania and West Virginia. He has been named to the board here. Beserved Seat Policy Dropped in St. Louis St. Louis — Five-week trial of a new reserved seat policy at F & M's Ambassador, under which prices were advanced apparently didn't get the desired b.o. results, the house returning to a popularprice admission schedule this week. It still maintains the single feature bill with "Spring Parade" current. Goldwyn Amends His UA Suit Complaint Samuel Goldwyn yesterday filed a 154-page amended complaint in his suit against United Artists for cancellation of his distribution contract with that company. The new complaint sets up an additional cause of action which seeks $215,000 damages for alleged interference with the distribution of Goldwyn's film, "The Westerner," which the complaint claims cost $1,200,000. The major part of the complaint repeats the charges made in the original one against UA, except that it reduces three causes of action of the original to two in the new. Additionally, Goldwyn charges UA (Continued on Page 6) Report Sterling and FWC In Seattle Pooling Deal Seattle — Important pooling deal involving the first and second-runs of John Danz's Sterling Theaters circuit and the Hamrick-Evergreen Theaters, FWC affiliate, here is reported in the closing stages, follow (Continued on Page 3) Sest YetT Myers, for Allied, Terms Proposals the " 3est Yet On Heels of Opposition by PCC; Prelimi jary Wofk For Establishment of Arbitration Offices §Jir-ted Clash of exhibitors over arbitration as prescribed-byHtfie proposed consent decree looms as a distinct possibility as exhibitor leaders express divergent views. This became apparent when Abram F. Myers, general counsel of Allied, declared following the New Jersey unit's convention in Atlantic City last week that the arbitration proposals set up by the decree and by industry conferences with the American Arbitration Association were the "best yet." Myers' views were in direct contrast to those of the Pacific Coast Conference of Independent Exhibitors which branded the arbitration clause as unfair and unworkable. The PCC went on record as favoring (Continued on Page 6) Kaimann Wants U.S. Probe of Union Row Sit. Louis — Clarence H. Kaimann, owner of the O'Fallon, the Baden, and the Salisbury, all in North St. Louis, has asked the D of J Anti-Trust Division to conduct an investigation into the circumstances under which Kaimann was unable to obtain union sanction for stage shows he had scheduled for the three houses Saturday night. Kainmann claims that the concellation was due to a dispute with the A F of L Theatrical Brotherhood 6 over the employment of stage 1 ands. Attraction scratched was the "Mid (Continued on Page 3) Will Huddle on the 1941 GWTW Distribution Policy Policy for GWTW for 1941 distribution is scheduled to be set at a meeting this week between David O. Selznick and Metro officials. Length of the picture, price policy and numerous other details are on the agenda for discussion. It is expected that the picture will be distributed next year at an admission scale considerably below (Continued on Page 6) "Liberal" Film Draft Policy Actors, Technicians May Get Deferments Excess Profits Tax Bill Revision Seen Helping "IT Revision of the excess profits tax bill is expected to result in a much more favorable status for Universal Pictures, although no definite opinion can be formed until a final text (Continued on Page 6) Washington Bureau of THE FILM DAILY Washington — Deferment from the draft of movie actors and technicians may be extended, it was learned yesterday. Major Joseph F. Battley, adviser on occupational deferment at Selective Service Headquarters, said plans for the draft contemplated deferment of essential workers in "lux (Continued on Page 6) MPTOA to Go to Court If Decree is Accepted St. Louis— Ed Kuykendall, prexy of the MPTOA, speaking to the Motion Picture Theater Owners of St. Louis, Eastern Missouri and Southern Illinois at the Coronado Hotel yesterday revealed his organization (Continued on Page 3) Domestic Theater Biz On the Uptrend— Wobber "Domestic theater business is definitely on the uptrend, and the film industry may have one of the best years in its history as the im (Continucd on Page 6) Booney as Bis Own Opposition Scores Mickey Rooney, playing opposition to himself, is doing okay at both Loew's State, where he's making a p. a., and at the Capitol, where he's on the screen in Metro's "Strike Up the Band." The State management reported yesterday that over the week-end, Rooney topped the Eddie Cantor record gross, while the Capitol advised that business for the first two days of "Strike Up the Band" was 383 per cent of normal, with the week-end marked by SRO.