Motion Picture Daily (Jul-Sep 1948)

15^ Tuesday, August 17, 1948 Motion Picture Daily 3 WB Seeks Dismissal Of 'Divorce' Suit Washington, Aug. 16. — Stanley Co., Warner subsidiary, today asked the U. S. District Court here to dismiss a suit by K-B Amusement Co. to force Stanley out of the jointlyowned MacArthur Theatre on the < md that as yet there has been no ■' ^'uiient in the Paramount case req._jg Warner or any other defendant ^o dispose of any theatre. K-B claimed that Stanley should be forced out of the MacArthur because the Supreme Court said it was illegal for any of the "Big Five" to own a theatre jointly with an independent where the independent would otherwise be sole owner. Stanley's motion today was based on the legal point that when a case is remanded by a reviewing court for further proceedings, as was the Paramount case, there is no judgment until the lower court enters its judgment in conformity with the opinion of the reviewing court. The opinion of a court is not a judgment, Stanley claimed, and therefore there is no final judgment against Warner in the Paramount case. Accordingly, the K-B suit is premature, Stanley said, and should be dismissed. Attorneys for K-B said they would oppose the Stanley motion. Wright to Stay on The Paramount Case Washington, Aug. 16. — "Trustbuster" Robert L. Wright will stay with the Department of Justice until the Paramount trust case is finished, even if it takes several years. Wright was reported last spring to be ready to enter private practice. Friends declare he is determined to see the Paramount case through, and is working feverishly to prepare for the October hearings. Meanwhile, George W. Wise, a member of the Justice Department's anti-trust division since 1938, has been assigned to handle and argue the Griffith case in Oklahoma City. Wise has been working on cases in the clothing, housing and building materials fields, and this is his first theatre case. Philip Marcus will handle the further Schine proceedings. Salesmen Ask Trust Action Dismissal Washington, Aug. 16. — Charles Wingfield and F. B. Klein, film salesmen who also operate theatres and who are among defendants in a treble damage anti-trust suit pending here have asked the court to dismiss the charges against them on the ground that the complaint does not state a cause of action under the anti-trust laws. Wingfield of Columbia, and Klein of 20th-Fox, who own theatres in Church Hill and Chestertown, Md., were named on June 2 in a $150,000 suit filed by the Center Theatre of Centreville. The Center claims their position as salesmen enabled them to get better pictures. Other defendants are Paramount, 20th-Fox, RKO Radio and Columbia. Attorneys for Wingfield and Klein have told the court they did nothing to violate the anti-trust laws and that the Center suit should be thrown out. The motion will probably be set for argument this fall. Harford Trust Suit {Continued from page 1) act business here within the terms of the anti-trust laws. The Harford claimed that it was required to play pictures 14 days behind the Boulevard and Waverly theatres of the Durkee circuit and the Apollo of the Rome circuit. It declared that it was not competitive with these theatres, and the unfavorable terms were due solely to the buying power of the chains. It asked $30,000 damages, trebled to $90,000. Attorneys for the Harford said they were pleased with the settlement, which will cut their delay from a minimum of three weeks — and often more — after opening neighborhood date to a minimum of seven days. Stipulations to dismiss the suit with respect to the seven settling distributors were filed here today. Robert Sher, of Miller, Sher and Oppenheim, here, and J. Purdon Wright of Baltimore, attorneys for the Harford, said they expected to go to trial against United Artists this fall. Granville Whittlesey, of Donovan, Leisure, Newton, and Irving, represented distributors in the negotiations. MPAA, SWG Suit {Continued from page 1) SWG complaint "does not set forth a short and plain statement of the claims alleged therein and the grounds upon which this court's jurisdiction depends ; and that the averments of said complaint are not simple, concise and direct." If the motion is denied, the MPAA and the companies ask as an alternative a court order directing the Guild to file an amended complaint deleting much of the text of the original alleged to be "redundant, immaterial and impertinent." MPAA, Paramount, Loew's, RKO Radio, Warner, .20th Century-Fox, Universal and the Eric Johnston office are represented by Rosenman, Goldmark, Colin and Kaye. Columbia's counsel is Schwartz and Frohlich. Attorneys for the SWG are Monahan, Goldberg and Bredin. IA-SOPEG Tilt {Continued, from page 1) Cecilia Schuman as an intervenor in the dispute, informing her attorney, Sidney Fox, that an NLRB investigation disclosed that Miss Schuman was acting in behalf of SO PEG in seeking to have her name included on the election ballot. Hence, on Aug. 27 UA "collarites" will vote on whether they want to be represented by AFL's IATSE Motion Picture Home Office Employes Local No. H-63, which claims to have won "an overwhelming majority" away from SOPEG, or whether they want no union representation. Workers Without Contract Following a meeting yesterday at NLRB offices here among representatives of UA and H-63, Joseph Conlon, H-63 organizer, said, "we hope that there will be no more delays," and he again assailed SOPEG for deterring "democratic processes" by opposing the holding of an election. Meanwhile, the employes have been without a union contract for several weeks following the expiration of SOPEG's, but the company, when it rejected SOPEG, informed the workers in writing that union gains would not be endangered pending the settlement of the jurisdictional dispute. Green Blasts Congress in 'IA' Convention Keynote Cleveland, Aug. 16. — William Green, president of the American Federation of Labor, today delivered the keynote speech at the opening of the 29th biennial IATSE convention here, with a blast at the 80th Congress for what he termed its failure to raise the 40 cents minimum hourly wage, meet the problems of high prices and housing, social security benefits, health insurance and protection of civil rights. Denounces Taft-Hartley Law Stressing that the Government should consider the conditions that make for Communism, Green lashed out at the Taft-Hartley Law and appealed to the 1,200 delegates to vote in the fall election against any Congressman who voted for the act. Other speakers today were Mayor Thomas Burke, William J. Rogers, state industrial director, who substituted for Gov. Thomas Herbert ; Michael Lynden, president of the Ohio Federation of Labor, State Congressman Michael Feighan and John F. Burns, president of the Cleveland federation. IATSE president Richard F. Walsh announced the appointment of committees. Edward Arnold is due here tonight from Hollywood to address tomorrow's session. $1,620,000 Trust Suit {Continued from page 1) are Paramount, United Artists, Universal, Columbia, Monogram and Eagle-Lion. Damages sought are specifically $1,170,000 straight triple damages plus $450,000 triple damages for "damage to properties" of plaintiffs. Complaint states that New England Theatres operates houses in which Paramount has a 50 per cent interest or more. In addition to monetary damages, the plaintiffs are seeking elimination of all allegedly unlawful clearances for Darien, New Canaan, Norwalk and South Norwalk, Conn: 20th-Fox Will Hold Four Sales Meetings General sales manager A. W. Smith, Jr., of 20th Century-Fox has set dates for four divisional sales meetings to be held next month. The Eastern divisional meeting will be held in New York on Sept. 8 and 9. The Southern sessions will be held at Dallas on Sept. 11 and 12. A two-day meeting with Central branch managers is slated for Chicago on Sept. 14 and 15, and the Western regional will be held in San Francisco on Sept. 17 and 18. Williams in New Post Ottawa, Aug. 16.— C. E. Williams has been appointed comptroller and general office manager of the Film Laboratories of Canada, Ltd. ►Guess I have the kind of job that every girl dreams about — stewardess on United's glamorous flight, "the Hollywood," the flight so many Hollywood stars and other famous people take! ► This is the super de luxe DC-6 Mainliner 300 flight that leaves New York at 12:15 p.m., and arrives in Los Angeles at 8:25 p.m. In other words, just 11 hours, 10 mln., coast to coast! >Everything on "the Hollywood" is tops in luxury. Thick carpets. Deep, soft seats. Powder room for the ladies. "Stroll-about spaciousness." Pressurized cabin. An observation lounge. And those m-m-m Mainliner steak dinners! ►Even if you're not a celebrity, traveling on "the Hollywood" makes you feel like one! United Air Lines Stewardess on