Motion Picture Daily (Oct-Dec 1941)

Tuesday. October 7. 1941 Motion Picture Daily 13 Appeal Board In Reversal Of N.Y. Award (Continued from page 1) : then consider the case on its merits. The technicality on which the I board based its ruling was the fact Utliat the complaint originally was rbrought by A. P. Papayanakos, viceI president and treasurer of St. Lawrence Investors, Inc. The board held j that Papayanakos, as an officer of the company which owned the American Theatre, is not an exhibitor within ! the meaning of Section 8 of the consent decree and, therefore, is not eligible to bring a complaint. The board i said that if a new complaint and submission are filed at the Albany board within 10 days substituting the owning corporation for Papayanakos it would consider the case on its merits. Fatal Technicality The appeals board pointed out that the technicality was fatal because arbitration depends for its effectiveness upon the submission of the parties to the findings of an arbitrator, and that in cases of the kind considered only the owner or delegated authority of the theatre properly can commit the theatre. The board held Papayanakos did not meet that requirement. The appeal was the first to be taken by distributor respondents. It was appealed by Warners and RKO, whose original motion to dismiss the complaint on the technical grounds cited in the appeals board decision had been denied by the arbitrator. The case, also, was the first appeals decision to reverse an arbitrator's award, of the four cases which have been decided by the appeals board to date. Appeal N. J. Case Meanwhile, the decision of Paul L. Fitzpatrick, arbitrator, reducing the clearance of the Cort, Somerville, X. J., over the Raritan Theatre there, was appealed yesterday. The case is the twelfth to be taken to the national appeals board. The decision was given Sept. 18. The case involved all five consenting companies. Dismisses Columbus Clearance Complaint Cincinnati, Oct. 6. — Anthony B. Dunlap, arbitrator, today gave a decision dismissing the clearance complaint of FYed Rowlands, owner of the Parsons Theatre, Columbus, against the five consenting companies and Xeth's Markham, Columbus. Costs were assessed against the plaintiff. The arbitrator found that the existing clearance between the two theatres was not unreasonable and pointed out that when similar clearance over another theatre had been offered the plaintiff, he did not refuse it because it was unreasonable but because "it was not extended to another theatre under his control." To Appear Without Counsel In Washington Case Hearing Washington, Oct. 6. — Under an informal agreement reached today. Loew's and Sam Mellits. complaining exhibitor in a clearance case against the company at the local board, will present their case without benefit of lawyers. Reese Harrington, of the 'Anne of England' Will Open Tonight Gilbert Miller will present an historical play, "Anne of England," at the St. James tonight with Flora Robson and Barbara Everest playing the leading roles. It was written by Mary Cass Canfield and Ethel Borden and is based upon Norman Ginsbury's play, "Viceroy Sarah." Supporting players include Jessica Tandy, Frederic Worlock, Leo G. Carroll and Elizabeth Inglise. intervening theatre, also has agreed to appear without counsel. Joseph A. Cantrel, attorney, has been designated arbitrator. The hearing is scheduled in a week or 10 days. Warners Eliminated from Complaint in Chicago Chicago, Oct. 6. — Warners has been eliminated as a respondent in the clearance complaint of K & S Theatre Corp. of North Chicago at the request of the plaintiff following a voluntary settlement. RKO remains a defendant in the complaint and time for selection of an arbitrator has been extended to Oct. 11. Postpone Hearing Again Of Connecticut Case New Haven, Oct. 6. — Hearing of the some run complaint of the College Open Air Theatre, Middletown, Conn., against the five consenting distributors, which had been scheduled for today, has been postponed for the second time. A new hearing date is not set. Republic Expands Production Setup Under M. J. Siegel (Continued from page 1) it is planned, will hold four regional meetings a year in Hollywood, New Orleans, Chicago and New York. The first meeting under the new arrangement will be Oct. 20 in Hollywood. The announcement stated that production budgets will be substantially increased, on the basis of 1941-'42 sales to date. Siegel for the last five years has been executive in sole charge of production, studio policy and the like, with individual producers reporting to him. Under the expanded setup, each of the two new production department heads will have sole charge of their divisions, it was stated. Wilson formerly was studio production manager. He was brought here by Siegel four years ago from New York, where he was active in production. Brown came to the studio three years ago from the Republic home office. His latest activity was as producer of serials. Other promotions announced by Siegel include Max Schoenberg, who becomes production manager, and Herbert Mendelson, appointed his assistant. 'York' at $13,700 Cincinnati's Best Grosses Beat Heat Wave, World Series (Continued from page 1) the Dawn" and Xavier Cugat's orchestra on the stage rolled up a Saturday and Sunday gross estimated at $25,000. The show finishes its first week tonight with an estimated $61,000 expected. 'Yank' Continues Big "A Yank in the R. A. F." is continuing its terrific pace at the Roxy, taking an estimated $36,000 Friday through Sunday of the second week, with a stage show. "It Started with Eve" with the stage presentation opened big at the Radio City Music Hall, doing an estimated $60,000 Thursday through Sunday, and will hold over. Also enjoying a good opening was "The Maltese Falcon," which, with Jan Savitt's orchestra on the stage, grossed an estimated $22,000 Friday through Sunday. It will play a second week. 'York' Ends Run "Sergeant York" completed an eight-week run at the Hollywood Sunday night and is slated to play the Strand beginning Oct. 17. In its final week at the Hollywood, the film brought an estimated $11,500. The eighth week of "Dr. Jekyll and Mr. Hyde" at the Astor was good for an estimated $8,500. The picture began a ninth week yesterday. "Great Guns" gave the Globe an estimated $4,300 Thursday through Sunday and will be replaced this Thursday by "Lady of the Tropics." "Bowery Blitzkrieg" had an estimated $5,200 week at the Rialto and was followed yesterday by "Burma Convoy." "Texas," a Columbia picture, is scheduled to open at Loew's State on Broadway Oct. 16, the company announced. 'Foxes' Omaha High With Good $5,300 Omaha, Oct. 6. — "The Little Foxes," single-featured at the Brandeis, was held for a second week after grossing $5,300 for the first week. The weather was cold and rainy. Estimated receipts for the week ending Sept. 30-Oct. 1 : "The Little Foxes" (RKO) BRANDEIS — (1,200) (30c-44c) 7 days. Gross: $5,300. (Average, $4,000) "Dr. Jekyll and Mr. Hyde" (M-G-M) "Tanks a Million" (U.A.) OMAHA— (2,000) (30c-44c) 7 days. Gross: $7,400. (Average, $6,000) "Lady Be Good" (M-G-M) "The Great Mr. Nobody" (W.B.) ORPHEUM — (3,000) (30c-44c) 7 days. Gross: $7,200. (Average, $7,000) RKO Closes 3 Deals On New Season Films RKO1 has closed two additional circuit deals for the first two blocks of five pictures each for the new season. The deals have been closed with the R. E. Martin Circuit, covering 69 theatres in Georgia and Alabama, and the Skirball Circuit, involving six Ohio situations. Another deal, for the first block of five, has been closed with the Joe Lawrence Circuit, for 11 houses in Montana, Idaho and Utah. Name Phila. Arbitrator; Another Case Delayed Philadelphia, Oct. 6. — A. M. Boyd, General Electric executive, has been selected as arbitrator in the clearance complaint of Lewen Pizor in behalf of his Tioga Theatre, with hearing set for Oct. 15. Hearing of the clearance complaint filed by A. M. Ellis in behalf of the Broad Theatre scheduled for Wednesday, has been postponed until Oct. 14. Mexico Film Strike Advanced to Oct. 9 (Continued from page 1) by advancing to next Thursday the deadline for the three companies to accept its demands. The companies on Sept. 29 had been given until Oct. 14 to acquiesce. The strike against Paramount and RKO today was legalized by the Federal board of Conciliation and Arbitration, which means that the companies will be required to pay wages during the strike, the same as M-G-M and Columbia. Considerable speculation has arisen over the failure of the board to legalize the strike against Warners, which started Sept. 17. Meanwhile, film service by the major companies has been halted either through the strike or by notice to accounts. Bannell in AAA Post M. F. Bannell has been appointed publicity representative for the American Arbitration Association, succeeding Lawrence Stessin, who resigned last week to accept a new position. Cincinnati, Oct. 6. — "Sergeant York" had a big $13,700 at the RKO Capitol at advanced prices, while Brenda and Cobina on the RKO Shubert stage helped "Tillie, the Toiler" to a $14,000 gross. "Lady Be Good" pulled $13,000 at the RKO Albee. Estimated receipts for the week ending Oct. 1-4 : "Lady Be Good" (M-G-M) RKO ALBEE— (3,300) (33c-40c-50c) 7 days. Gross: $13,000. (Average, $12,000) "Belle Starr" (ZOth-Fox) RKO PALACE — (2,700) (33c-40c-50c) 7 days. Gross: $7,500. (Average, $10,000) "Tillie, the Toiler" (Col.) RKO SHU BERT— (2,150) (33c-44c-60c) 7 days. Stage: Brenda and Cobina and acts. Gross: $14,000. (Average, $10,000) "Sergeant York" (W.B.) RKO CAPITOL— (2,000) (44c-50c-60c) 7 days. Gross: $13,700. (Average, at 33c, 40c, 50c, $5,500) "Unfinished Business" (Univ.) RKO GRAND— (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $4,200. (Average, $5,000) "Sun Valley Serenade" (20th-Fox) RKO LYRTC— (1,400) (28c-33c-42c) 7 days, 4th week. Gross: $2,300. (Average, $4,500) "Rags to Riches" (Rep.) "Highway West" (W.B.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,200. (Average, $1,200) "Private Nurse" (20th-Fox) "Mail Train" (ZOth-Fox) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $800. (Average, $800) "Navy Blues" (W.B.) KEITH'S — (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $3,500. (Average, $5,000) Two Join PRC Staff George Becker has been transferred from the Detroit exchange of Producers Releasing Corp. to the Cleveland branch and has been succeeded in Detroit by Bert Tighe, formerly of Universal. Herbert Ives, formerly with RKO, has been named Detroit booker for PRC, replacing Carl Zipper, resigned.