Motion Picture Daily (Oct-Dec 1941)

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6 Motion Picture Daily Monday, October 27, 1 50 Arbitration Cases Decided Of 129 Filed (Continued from page 1) resulted in a reduction of clearance. Where the exhibitor attempted to secure a change in playing position against competing theatres, under the guise of arbitrating clearance, his efforts were generally unsuccessful. Two arbitrations were brought purportedly under Section 9, which relates to the withholding of prints. Both were dismissed. Many of the arbitrations filed under Section 8 also have been filed under Section 10, which concerns sale of a run to a circuit. In most of the instances the decision was that the rights of the exhibitor under that section did not accrue until after three months' refusal to license 1941 -'42 product. Dismiss Phila. Case; 2 Others Are Filed Two arbitration complaints were filed in New York and New Orleans and a decision dismissing a Philadelphia clearance complaint was handed down over the weekend. The New York case was filed by Luxor-Bleecker Amusement Corp., operator of the Waverly Theatre, 323 Sixth Ave., Manhattan, against RKO, Vitagraph and 20th Century-Fox. The complaint seeks relief under Sections 6, 8 and 10 of the decree, involving some run, clearance and a designated run. The Art Theatre on East Eighth St. is named as an interested party. Claim Clearance Changed The complaint charges that the Waverly formerly had a run ahead of the Art and seven days' clearance over it, but that the distributors now refuse to license the Waverly unless it foregoes the run and clearance over the Art. The latter is a member of a buyingcombine, the complaint states. It is understood to be operated by Rugoff & Becker for Herman Weingarten. The New Orleans case was filed by W. A. Fonseca & Sons, operating the Ashton Theatre, New Orleans, and seeks an adjustment of clearance and a designated run from all five consenting companies. The Poplar Theatre is named as an interested party. The complaint charges that the distributors have refused to license the Ashton earlier than 60 days after the Poplar. Contending that the two theatres are too far apart to be competitive and that the 60-day clearance is unreasonable, the complaint asks that the theatres be declared in separate zones and that the Ashton be granted a run immediately after Canal St. first runs. Dismissal in Philadelphia In Philadelphia, S. Eugene Kuen, Jr., arbitrator, dismissed the clearance complaint of N. Herman Bornstein, operator of the Hatboro Theatre, Hatboro, Pa., against the five consenting companies. The arbitrator ruled that the present seven-day clearance of Warners' Grove at Willow Grove, Pa., over the Hatboro is reasonable. Summary of Arbitration to Oct. 15 Exhibitor Albany Instituted Withdrawn Pending Decided Won Some Benefit 9 0 0 2 2 Atlanta 2 0 2 0 0 Boston 6 0 2 4 3 Buffalo 5 3 1 1 1 ' ? 0 0 2 1 Chicago 7 2 3 2 1 Cincinnati 4 0 1 3 0 Cleveland , 1 1 0 0 0 Dallas 5 1 2 2 1 Denver 3 2 0 1 1 Des Moines . . . 0 0 0 0 0 Detroit 6 2 4 0 0 Indianapolis . . 0 0 0 0 0 Kansas City. . 3 1 2 0 0 Los Angeles . . 4 1 2 1 1 Memphis 3 1 1 1 0 Milwaukee . . . 2 1 0 1 1 Minneapolis .. 3 1 1 1 0 New Haven . . . 5 0 3 2 1 New Orleans . 3 2 0 1 0 New York , , , 23 7 9 7 6 Oklahoma City 1 1 0 0 0 Omaha 1 0 1 0 0 Philadelphia . 13 o 6 7 A *T Pittsburgh . . . 3 0 1 2 0 Portland A 1 ' 1 0 St. Louis 6 2 3 1 0 Salt Lake 1 0 0 1 0 San Francisco. 4 1 1 2 0 Seattle 0 0 0 0 0 Washington . . 9 1 3 5 4 Total .... 129 30 49 50 27 Costs were assessed equally among the parties. Also in Philadelphia, Rupert C. Schaeffer, Jr., was designated arbitrator for the clearance complaint of Columbus Stamper, operator of the Rivoli, and hearing was set for Nov. 6. The Philadelphia hearing on the clearance complaint of A. M. Ellis in behalf of his Parkside, Camden, N. Y., was continued to Nov. 7 after a second dav of testimony on Fridav. Del. House Wins Clearance Relief Washington, Oct. 26. — The Dentonia Theatre, Dentonia, Md., was granted modified relief in its clearance complaint against the Reese, Harrington, Del., just over the state line, in a decision given by Joseph A. Cantrell, arbitrator. Loew's was ordered to permit the Dentonia to exhibit its pictures immediately after the Reese. The latter has had seven days' clearance. Costs were assessed against Loew's and the Reese, which is operated by Reese B. Harrington. Sam Mellitts operates the Dentonia. Milton W. King, treasurer of the District of Columbia Bar Ass'n, has been appointed arbitrator in the Linden Theatre, Baltimore, clearance complaint against Paramount, Vitagraph and RKO by the American Arbitration Ass'n. This marked the first time parties to a local arbitration proceeding had failed to agree on an arbitrator. The complaint names Metco Theatres and Grand Amusement Co.. Hearing has been tentatively set for Nov. 5. was adjourned to Nov. S by Edmund M. Brady, arbitrator. The clearance proceeding of the Booth Theatre here will be heard Nov. 6, and the specific run complaint of the Parkside Theatre here on Nov. 7. Arbitration Office Here Is Moving American Arbitration Association headquarters will be transferred from the U. S. Rubber Bldg. to the 11th floor of the Time & Life Bldg., Rockefeller Center, next Fridav. Detroit Board to Hear Three Cases Detroit, Oct. 26. — Hearings on two clearance cases and one specific run complaint will be held on three successive days here, Nov. 5, 6 and 7. The hearing on the clearance complaint of the Gale Theatre, Galesburg, Mich., which started last Wednesday, 'Honky Tonk' Is Minneapolis Best Minneapolis, Oct. 26. — "Honky Tonk" drew $13,000 at the State. "Citizen Kane" attracted $8,500 to the Orpheum. Estimated receipts for the week ending Oct. 17-18: "Honky Tonk" (M-G-M) STATE — (2,300) (28c-39c-44c) Gross: $13,000. (Average, $6,000) "Citizen Kane" (RKO) ORPHEUM — (2,800) (28c-39c-44c> Gross: $8,5CO. (Average, $5,500) "Barnacle Bill" (M-G-M) GOPHER-(998) (28c) 8 davs. $3,000. (Average, $2,500) "Hold Back the Dawn" (Para.) CENTURY— (1,600) (28c-39c-44c) 2nd week. Gross: $5,500. (Average, $4,000) "You'll Never Get Rich" (Col.) WORLD— (350) (28c-39c-44c-55c) 7 days, 2nd week. Gross: $1,800. (Average, $1,600) "Flying Blind" (Para.) (4 days) "Blondie in Society" (CoL) (4 days) "Meb Town" (Univ.) (3 days) "Tillie the Toiler" (Col.) (3 days) ASTER — (900) (I7c-28c) 7 days. Gross$1,800. (Average, $1,800) days. days. Gros days. *U' Signs Shaindlin Jack Shaindlin has been signed to compose the musical score and conduct a symphonic orchestra for "Cavalcade of Aviation," a Universal short subject to be made at the Eastern Service Studios. NWAlliedAsfcj Majors Follow Para, On Mini (Continued from page 1) sored the Minnesota law declan "There is no legal reason why a theatres in Minnesota should forced to close for lack of the 1* motion pictures or why the other^i consenting distributors cannot foro| the same course of action to meet t i requirements of the state law as 1 now been taken by Paramount." The statement said that Pai mount's action in applying for exerr tion from the sales provisions of t decree in the New York Fedei court sustains the position consistent held by Allied that Section 23 of ti consent decree, pertaining to reli measures from state legislation, is binding as Sections 3 and 4, whi provide for the trade showing ai selling of new season product blocks of five or less, contrary to tl Minnesota law. The statement also pointed to cor ment by Judge Hugo O. Hanft in hi recent decision denying the injunctic to halt enforcement of the state la on applications by six major distribi tors. Judge Hanft wrote that "the: is no merit in the contention" that would constitute contempt proceedinj in New York to abide by the Minw sota act. Allied also pointed out that the court stated: "There exists the strong presumption that the act is constitutional and valid and that stands unless and until it is declared unconstitutional by the proper court." Meanwhile, local exchange official report theatres in many localities ai ready operating on curtailed schedule for lack of good product and other contemplating doing so. The situa tion will hardly be relieved by th local legal actions against Paramoun RKO and 20th Century-Fox for al leged violations of the state law, i was said, since hearings are not sched uled to start in the case until Nov. 2 and, regardless of the outcome, ap peals are likely to be taken by eithe side. Hearing on Paramount's applica tion for an exemption from the de cree's sales provisions to permit tin company to sell in Minnesota is sched uled for Friday in New York and ; prompt decision is expected. Protest Billboard Ban in Milwaukei Milwaukee, Wis., Oct. 26. — A group of neon sign dealers is organizing to protest a proposed ordinance drafted by City Building Inspectoi Leon M. Gurda, to keep billboards and certain signs off Milwaukee': wide traffic arteries. It was said thai the ordinance would outlaw ever) sign on an important right of way, including electric signs on theatres. Thelma Strabel Married West Redding, Conn., Oct. 26 — Thelma Strabel, author of "Reap the Wild Wind," was married here yesterday to David P. Godwin of the U. S. Forestry Service.