The Film Daily (1946)

vm Mnday, February 4, 1946 fffU DAILY W\ Claims Court [red in Ciii. Case (Continued from Page 1) nnber of vital questions involved iithe New York equity case. ['he suit was brought by the operIT-*^ the Jackson Park Theater, (j!.__,jp, to recover damages for the aiged injury to their business resting from a charged conspiracy 0 the part of the five theater-ownn film companies to refuse product tithe house until after it had been wn in competing theaters operd by certain of the respondents. jury returned a verdict for the intiflfs, assessing triple damages uiling $360,000. The Circuit Court, hvever, held there was evidence f:m which the jury might have find conspiracy to maintain an ilgal system of releasing films, but t there was no evidence of injury m the conspiracy. The judgment v.i set aside. Attacks Court's Findings 'he Government asserts that "un i the court's holdings, persons who dtroy a free market by illegally I' training or monopolizing trade y obtain, by their own wrongdo , practical immunity from the tiple damage suits authorized by Cigress." The Government claims tJ5 is so "because the illegal con d t makes it impossible to bring f I ward the only kind of proof of in jiy which, under such ruling, will S'port the suit.'* 'he brief contends that the facts iithis case illustrate how complete al absolute "is the bar to recovery uler the court's application of its ring as to the proof requisite to 5 w injury." It further points out t "there was evidence before the y showing the earnings of peti iers' theater during a four-year iod prior to July 28, 1937, and rj ing the five following years, the M iod covered by the petitioners' t. The average yearly earnings he earlier period, if they had been :, intained in the later period, would h'e exceeded the actual earnings in t t period by more than $120,000. Ij court held that the earnings in t. prior period could not be taken a proof of the earning capacity of FEMME TOUCH l> IS HARRISON, who managed the Edison, Ft. Myers, Fla., has been transferred to Fort Pierce. \U VINCI, utility girl, M-C-M, Omaha. WlY DORLAND, bookkeeping department, RKO-Brandeis, Omaha. 1*1 WILDFANC, booker's secretary, Columbia, Omaha. ' GY BUTELL, branch manager's secretary, Columbia, Omaha. W. VIVIAN SCHERTZ, office staff, Columbia. , Omaha. KtlAN SHILLING, office staff, 20th-Fox exchange, St. Louis. V RCIA STROTHER, secretary for )oe Feld, J assistant manager, 20th-Fox exchange, St. louis. WHO'SWHO IN HOLLYWOOD Presenting Interesting Personalities TAY GARNETT. Director. Born June 13 in Los Angeles. Studied commercial ' art at the Massachusetts institute of Technology and then opened his own agency in Los Angeles. He was 23 and a successful artist of his profession when the U. S. entered World War I. Was a commissioned aviator, serving as an instructor at Pensacola and San Diego. Two bad crashes had prevented him from going overseas. When the Armistice was signed, he stunt-flew for an early motion picture. Became a title writer, gag man and scenario editor for Mack Sennett. In 1927 won a Pathe-deMille contract to write and direct. His initial directorial assignment "Celebrity," was a success. Always interested in the sea, he concentrated on a series of pictures dealing with ships and the men who sail them. Among these were "China Seas," "One Way Passage" and "S. O. S. Iceberg." In 1935 he purchased a yawl and made a world cruise. Directed "Valley Of Decision," voted one of "The Ten Best Pictures Of 1945" in THE FILM DAILY poll and best picture of 1945 in the Photoplay-Gallup pell. Stands 6, 1. Weighs 170. Hair, grey. Eyes, blue. Ball vs. Paramount Trust Suit Trial Resumes Today (Continued from Page 1) the last time due to the death of Judge Schoonmaker. James N. Ball, owner of the Penn Theater, Ambridge, Pa., seeks to prove that when a theater changes management, the run stays with the theater and not with the former operator who opens another theater. Ball leased the Penn to the Notopoulos-Paramount interests as a first-run theater, the policy remaining until the operating interests built the State Theater and took the first-run with them. Ball seeks the restoration of first-run to the Penn which he has taken back. It is reported that several home office film executives have been summoned to appear at the trial. petitioners' theater in a free market since the Chicago system of release had been in eff'ect in this prior period." Charges Injury from Duals The Government charges that during the later period the plaintiffs suffered additional injury by the inauguration of double features by the defendants. After reviewing earnings and comparative admission prices of the Maryland Theater, a competing house, the brief declares that 'we should suppose that the foregoing facts constitute the most cogent kind of evidence that petitioners' receipts in a free market would have approximated those actually obtained by its competitor and that the conspiracy, by depriving petitioners of the opportunity to do so, had injured its business. We fail to understand the ground of the holding that such evidence does not support a finding of injury." For those reasons and others listed in the brief, the Government contends that the Circuit Court erred in its verdict. Mrs. Frank Flaherty Dead Chicago — Mrs. Prank Flaherty, wife of the Columbia sales exec, is dead here. RKO Theaters Close Sale of Debentures (Continued from Page 1) used to refund existing indebtedness, and the balance will be added to the company's working capital. On anticipation of this transaction, all the RKO theater subsidiaries were consolidated into B. F. Keith Corp., which has now become RKO Theaters, Inc. Malcolm Kingsberg, executive vice-president of RKO theaters, handled the transaction. Oak Leaf Cluster for Kalisch's Bronze Star Lt. Col. Bertram Kalisch has been awarded the Oak Leaf Cluster to the Bronze Star medal for his "achievement in connection with military operations against the enemy in the Southwest Pacific and Japan from Aug. 4 to Sept 2, 1945." Colonel Kalisch, who is now chief of the Morale Films Branch of the Signal Corps Photographic Center in Astoria, received the Bronze Star medal from the First Army in July, 1944, for his work as a photographic officer in the European theater of operations. Under his supervision Army cameramen photographed the surrender ceremonies aboard the U.S.S. Missouri in Tokyo Bay. Tri-Slates Opens School for Gl's (Continued from Page 1) taken action to employ veterans under the plan and has received approval from the Iowa Department of Public Instruction to set up the school. Similar action is being taken in Illinois and Nebraska. The present program contemplates training of students for one year and fit the veterans for positions of managers, assistant managers and treasurers for its theaters. Both former veteran employes who left their jobs for the war and veterans who do not have any previous experience in the film business will be trained. The Government through the agency of the Veterans Administration, will pay to eligible applicants a subsistence allowance not exceeding $65 a month for single veterans and $90 a month for married veterans. The Government assistance is of additional benefit to the veteran inasmuch as it is tax-exempt. Former employes who served in World War II may likewise be eligible for the training program for a shorter period, depending upon their knowledge, aptitude, and enthusiasm for the business. The present Tri-States program contemplates many diversified subjects to be taught including personnel, advertising, buying and booking, projection, programs, accounting, maintenance, etc., in the classroom and the theater under qualified experienced personnel of the company. J. E. Martin, Jr.. Killed Atlanta — J. E. Martin, Jr., son of J. E. Martin, owner of the Grand Theater in Montezuma, was killed in an automobile accident there. He was recently discharged from the Army. FOR SALE Theatre Circuit has about 10 Western Electric Sound Equipment Sets and some Simplex Mechanisms in good condition for sale, which were taken out of theatres. // Interested . . . Write to . . . CIRCUIT CONSTRUCTION CORP. 1501 Broadway New York 18, N. Y. DOES YOUR SALES PROMOTION REACH 100% WOMAN CONSUMER POWER? Widely experienced, now with Film Company, I can assist you in reaching this vast Femme Market. Address The Woman, Box 46 THE FILM DAILY 1501 Broadway New York 18, N. Y.