In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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446 Louis Eosexbluh, Direct Examination. After a period of time, the early part of 1912, I should judge for about three mouths, the Biograph Company refused to deliver film to us, and the exhibitors had been in the habit of making the regular display of Biographs and had advertised same extensively in front of their places. This particular exhibitor, the Windsor Theatre, had been showing Biograph reels every Friday evening, that being the best day for his business, he being in a Hebrew section, for a number of years. He showed this Biograph film seven days after release. And he found that after waiting two or three weeks, and did not get any to exhibit, he wrote us a letter, unless we could assure him supplying Biographs within the near future, he would be compelled to make other arrangements, and as his information led him to believe that he could only get it from the General Film Company, he stated that he would have to go there to get his supply in the future. Mr. Caldwell: The question and answer is objected to on the ground it details conversations with a third party. By Mr. Grosvenor : Q. Who was the President of the Biograph Company at that time? A. Mr. J. J. Kennedy. Q. Is that the same Kennedy who is an officer of the General Film Company? A. Yes, sir. Q. And the same Kennedy with whom the transaction was had regarding the proposed sale of your Company to the General Film Company? A. Yes, sir. Q. And it was after your company had refused to sell to the General Film Company? A. Yes, sir. Q. I mean, this difficulty in getting Biograph film? A. Yes, sir. Q. And were there other complaints received by your rental exchange about this time, from other exhibitors? A. There was quite a number of complaints. Several received in written form, and a great many in conversation. Q. Because of your failure to supply Biograph films? A. Yes, sir. Q. Here is the letter dated July 13th, 1910, signed by the Motion Picture Patents Company, addressed to your company, relating to the Bohemian Hall, New York City. What