The Film Daily (1941)

Monday, August 11, 1941 Columbia Dismissed From Crescent Suit (Continued from Page 1) Nu-Strand Co., Crescent affiliates, were granted. A motion by Defense Attorney George H. Armistead, Jr., to_' Jke from the records all internff-.=pommunications was likewise denlfR although elimination of Columbia as a defendant and co-con; spirator automatically removes all of its communications from the record. It was explained by the court that motions in behalf of Kentucky Amusement Co. and Lyric Amusement Co. were not granted because both are involved in distributor franchises now existing with Crescent and affiliates. Motion to dismiss Muscle Shoals Theaters was denied on same grounds. Neither Strand or Nu-Strand were parties to any franchises or joint contracts. Universal Must Explain Judge Davies, in ruling on the motion to dismiss Universal, admitted that until 30 minutes before ruling he was inclined to grant the motion to remove this member of the "Little Three" from the case. However, he pointed out, there must be an explanation to the court about a deal in Union City with J. D. Henry for 1938-39 pictures. Testimony shows that such a contract was drawn and that the exhibitor was instructed to come to Memphis and get it, that he made a trip to the Universal exchange in Memphis but failed to see the manager. Later he contacted the exchange manager and was informed that his contract was voided and the year's product (first-run) had been sold to the competing Crescent house. Later Henry did contract for Universal second-run for this same year. Judge Davies announced denial of the United Artists' motion without reviewing the evidence. There were only two isolated instances where Columbia's dealings with an exhibitor were mentioned in the testimony and in one instance Judge Davies frankly admitted that he questioned the credibility of the witness testifying. A motion of Crescent defense counsel to dismiss R. E. Bauch, serving in various official capacities with the defendant corporations, was denied, with Judge Davies admitting that "he may be less involved than the other principal defendants, (Sudekum and Stengel)." Explains Strand Dismissal In granting the motion to dismiss Strand Enterprises Corp., as a defendant in the case, Judge Davies stated that G. W. Haynes of Ridgeway, Tenn., president of the organization, according to the evidence given, has not been "guilty of any acts complained of by the Government and is not a party to any of the franchises." Haynes did acquire some theaters in competition with him, but the court held that "the mere matter of eliminating competition without using objectionable methods is not a violation of the Sherman Act." There was nothing in any ruling Schines Conclude Annual Convention of Managers Gloversville — A personal appearance by Prank Buck, famous animal movie maker, and regional meetings conducted by zone and district managers wound up the Schine convention here Friday. J. Myer Schine, circuit head, declared the conclave the most successful in years. Those in charge of the regional meetings included Gus Lampe, Harold P. Sliter, Milt Schosberg, William Tubbert, Clinton C. Young, Joe Schwartzwalder, Harry Unterfort, Marsh Gollner, Louis Lazar, Pat McGee, Lew Hensler and William Heiss. Guests of the Schine Brothers at the final session included Jimmie Grainger of Republic; Jack Cohn, vice-president, Columbia; and Max Gordon, noted N. Y. stage producer. Top prize in the annual Schine golf tournament went to Joe Schwartzwalder, city manager, Auburn, N. Y., who led the field with a low gross of 87 for 18 holes. He was presented the Schine tournament trophy, winning it for the third consecutive year. Duke Elliott, Strand, Carthage, N. Y., won second prize, with Harold Raives, booker, Cleveland, capturing third. In the handicap golf, Robert Barnoff, Olympic, Watertown, was first, Milt Bryer, Bucyrus, 0., came in second and Lou Hensler, district manager, Lexington, Ky., third. The driving contest winners were led by Ted Conklin, manager, Federal, Federalsburg, Md. Jack Frisch, manager, State, Lexington, Ky., was second and Lou Hart, Hippodrome, Gloversville, third. Other winners in the annual regular golf tournament included Hy Gordon, Amsterdam, Francis Lattin, Norwich, Al Cohan, Oneonta, Milt Schosberg, Glens Falls, William Tubbert, Watertown, Robert Baranoff and Manuel Lima, also Watertown, Clinton C. Young, Geneva, Ernie Crouch, Salamanca, Francis "Pop" Gere, Rochester. In addition prizes were awarded to Lew Hensler, R. H. Baranoff, John Scott, John Wolfbury, James Piatt, Pat McGee, Harold Sliter, Harry Goldsmith, Frank Meehan, Leon Shafer, Ed Kidwell, Milt Bryer, Lou Hart, Ted Conkline, Jack Frisch, Fred Williams, Sol Shafer, Sam Shafer, John Palfi, J. D. Rice, John Makemson, Bud Sommers, Frank Nolan, William Tubbert, Wally Allen, Bud Silverman, Harry Yette, Joe Goldstein and Roger Marmon. or any statement made by the court to indicate any change in the "coconspirator" relations of the "big five" to the suit. Immediately after reading of the rulings on the motions, Defense Attorney Armistead applied for a "four to five weeks' recess to allow defense attorneys to prepare their case," but such a lengthy recess was strongly opposed by Robert L. Wright, for the Government, who pointed to the fact that the Department of Justice has a staff of eight people here at a high expense. A recess of one week was finally decided upon. "Here is a Man" Gets a New? Title First it was "The Devil and Daniel Webster." It was tradeshown under the title of "Here is a Man." And now RKO has selected the final title for the Stephen Vincent Benet story. It is "All That Money Can Buy." McCarthy's Successor Awaits Return of Kent (Continued from Page 1) a company official declared. Charles E. McCarthy, resigned, is staying at his post until Kent's return. Hal Home, who was signed to handle exploitation on the Darryl F. Zanuck productions, has set up his own staff with offices at Steinway Hall and begins work on "Yank in R. A. F." Metro Curtails Number Of Illinois Tradeshows Chicago — Metro-Goldwyn-Mayer will discontinue tradeshowing its films in Springfield and Peoria. Instead it will screen them at its Chicago exchange. Metro's sales chief, William F. Rodgers, is remaining over here negotiating with circuits on the company's new season product. KAO 29-Week Profit Listed at $213,440 (Continued from Page 1) eral income tax provision was based on a 30 per cent rate for 1941 as compared with a 24 per cent rate for 1940. No provision has been made for Federal excess profits tax as the companies do not appear to be liable in this respect. Damon Runyon Signed As Producer for RKO (Continued from Page 1) to bring to the screen a picturization of one of his own recently completed unpublished stories. His ideas, as outlined in New York City to RKO Radio executives, involve radical departures from the customary screen treatment and a new technique in presenting a story on celluloid. Yates Sets "Ice-Capades' Herbert J. Yates returned to New York today from six weeks of conferences at Republic Studios in Hollywood where he set up Republic's second quarter picture schedule. In addition to production matters Yates made arrangements for the Coast premiere of the company's screen ice spectacle, "Ice-Capades," at two Los Angeles theaters. XtfiGS TO Ricuvi •vnutf ALAN BAXTER • MARY CARLISLE JEROME COWAN • MICHAEL MORRIS • RALF HAROLDE PAUL PORCASI • SUZANNE KAAREN • EDDIE ACUFI Director: Joseph Kane Original Screen Play by James Webb ■■B A REPUBLIC PICTURE