Year book of motion pictures (1951)

creased its interest in theatres in which it had had an interest. Fox. Paramount and Warner, and RKO to a lesser extent, have acquired an interest since 1940 in a number of theatres in which they had had no interest prior thereto. The foregoing: acquisitions were permitted under the consent decree of November, 1940. Columbia 44. Columbia Pictures Corporation is a corporation orgranized and existing: under the laws of the State of New York, with its principal place of business at 729 Seventh Avenue, New York, New York, and is eng:ased in the business of producing and distributing motion pictures, either directly or through subsidiary or associated companies, in various parts of the United States and in foreign countries. 45. Screen Gems, Inc., a wholly owned subsidiary of Columbia Pictures Corporation, is a corporation organized and existing under the laws of the State of California, with a place of business at 700 Santa Monica Boulevard, Hollywood. California, and is engaged in the business of producing motion pictures, 40. Columbia Pictures of Louisiana, Inc., a wholly owned subsidiary of Columbia Pictures Corporation, is a corporation organized and existing under the laws of the State of Louisiana, with a place of business at 150 South Liberty Street, New Orleans, Louisiana, and is engaged in the business of distributing motion pictures. Universal 47. Universal Corporation is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 1250 Sixth Avenue, New York, New York, and is engaged in the business of producing and distributing motion pictures, either directly or through subsidiary or associated corporations, in various parts of the United States and in foreign countries. On May 25, 1943, its name was changed to Universal Pictures Company, Inc., when a subsidiary of the same name was merged into it. but Universal Corporation was the surviving corporation. 48. The corporation named in the complaint as Universal Pictures Company, Inc. was a subsidiary corporation, controlled by Universal Corporation, which was engaged in the business of producing motion pictures, prior to its merger into Universal Corporation on May 25, 1943. 49. Universal Film Exchanges, Inc.. a wholly owned subsidiary of Universal Corporation, is a corporation organized and existing under the laws of the State of Delaware, with a place of business at 1250 Sixth Avenue, New York, New York, and is engaged in the business of distributing motion pictures. 50. The Universal group of defendants at the time of the trial consisted of the following corporations: (1) Universal Pictttres Company, Inc., (hereinafter sometimes called Universal Pictures), a Delaware corporation with its principal office in New York, N. Y., engaged in the business of producing motion pictures and distributing the same through wholly-owned subsidiaries; (2) Universal Film Exchanges, Inc. (hereinafter sometimes called Universal Film Exchanges), a Delaware corporation, with its principal office in New York, N. Y., engaged in the business of distributing motion pictures throughout the United States (except for the Metropolitan District of New York City), a wholly-owned subsidiary of Universal Pictures: f3) Big U Film Exchange, Inc. (hereinafter sometimes called Big U), a New York corporation, with its principal office in New York, N. Y., engaged in the business of distributing motion pictures throughout the Metropolitan District of New York City, a wholly-owned subsidiary of Universal Pictures. The term "Universal" as used herein means any or all of the Universal defendants. 51. Prior to May 25, 1943, the name of Universal Pictures Company, Inc.. was Universal Corporation, incorporated in Delaware in 1936. It owned approximately 92 per sent of the outstanding common stock of a Delaware corporation which was incorporated in the year 1925 and was also known as Universal Pictures Company. Inc. Said corporation last-named had its principal ofBce in New York, N. Y., and was engaged in the business of producing motion pictures and distributing the same through its subsidiaries. It owned all of the outstanding stock of Universal Film Exchange. Inc., and 20 per cent of the outstanding common stock of Big U Film Exchange, Inc. The other 80 per cent of said stock was owned by Universal Corporation. On May 25, 1943, Universal Pictures Company. Inc.. (Delaware 1925) was merged into Universal Corporation (the surviving corporation), and the name of the surviving corporation was changed to Universal Pictures Company, Inc. 52. Big U Film Exchange, Inc., a wholly owned subsidiary of Universal Corporation, is a corporation organized and existing under the laws of the State of New York, with a place of business at 1250 Sixth Avenue, New York, New York, and is engaged in the business of distributing motion pictures. United Rrtisis 53. United Artists Corporation is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 729 Seventh Avenue. New York, New York, and is engaged in distribution of motion pictures in various parts of the United States and in foreign countries. 54. During the entire period in question United Artists Corporation distributed photoplays in the United States of America that were produced by David O. Selznick, Mary Pickford, Charles Chaplin. Hunt Stromberg, William Cagney, Bing Crosby. Edward Small, Sol Lesser, Lester Cowan, Jack Skirball, Benedict Bogeaus, Seymour Nebenzal. Jules Levey, David Loew, Arnold Pressberger, Charles R. Rogers, Andrew Stone, Constance Bennett, Howard Hughes. Preston Sturgis, J. Arthur Rank, Edward Golden, or corporations with which the aforesaid individuals were associated and other independent producers. 55. United Artists Corporation maintains 26 branches or exchanges located throughout the United States, and through these facilities it distributes and has distributed all of the product handled by its during the period in question. 56. Paramount Pictures, Inc.; Loew's Incorporated; Radio-Keith-Orpheum Corporation; Warner Bros. Pictures, Inc.; and Twentieth Century -Fox Film Corporation and their respective distribution and exhibition subsidiaries are the five major defendants. Columbia Pictures Corporation, Universal Pictures Ckjmpany. Inc. and United Artists Corporation and their respective distribution subsidiaries are the three minor defendants. 57. As between the eight defendants. Paramount. Loew's. Fox, Warner, Columbia, United Artists, and Universal, there are no officers or directors in common, and none of said defendants own any eontrolling stock or other securities in any other of said defendants. 58. Neither of the defendants Columbia. Universal and United Artists owns any theatres. 59. There exists active competition among the defendants and others in the production of motion pictures. 60. None of the defendants has monopolized or attempted to monopolize or contracted or combined or conspired to monopolize or to restrain trade or commerce in any part of the business of producing motion pictures. 61. In the distribution of feature motion pictures no film is sold to the exhibitor; the right to exhibit under copyright is licensed. Fixed JUdmission Prices 62. In licensing features, each of the distributordefendants has agreed with each of its respective licensees that the licensee should charge no less than a stated admission price during the exhibition of the feature licensed. 63. The minimum admission prices included in licenses of each of the eight distributor-defendants for any given theatre are in general uniform, being the usual admission prices currently charged by the exhibitor. 64. The defendants' licenses are in effect pricefixing arrangements among all of the distributordefendants, as well as between such defendants 910