Motion Picture Daily (Jul-Sep 1949)

Friday, July 8, 1949 Motion Picture Daily 3 Ask Tivoli Suit Transfer to Texas Wilmington, Del., July 7. — Motions of Interstate Circuit, Inc., Texas Consolidated Theatres, Inc., and major distributors to transfer to Dallas, Texas, the anti-trust suit brought against them by Tivoli Realty, Inc., operator of the Delman, Dallas, and I. B. Adelman, owner-operator of the Delman, Houston, were taken under advisement by Federal Judge Richard S. Rodney after hearing arguments today. George S. Wright, Dallas, representing Paramount, Interstate and Consolidated, and Roy W. McDonald, New York, for RKO, argued that the trial could be completed more quickly in Texas, that more detail would have to be presented to a Delaware jury than to one in Texas which knew the locality and that unexpected witnesses might have to be brought here from Texas. Plaintiffs attorneys John Vanburnt, Wilmington, and Thurman Arnold, Washington, opposed the transfer, declaring that the plaintiff should have the right to choose the forum and that the defendants have not claimed that they are being harassed. L. A. Nikoloric, Washington, arguing for the plaintiffs' motions for interrogatories and production of documents, contended that the information sought is in connection with an alleged national conspiracy. Albert C. Bickford, New York, said for Consolidated and Interstate that the case should be limited to theatres in substantial competition with the plaintiff. New Ascap Appeals Board Is Elected American Society of Composers, Authors and Publishers has elected a new board of appeals, the publisher members being Charles Foley, Max Mayer and Thomas Valando, and the writer members being Abel Baer, Peter De Rose and Douglas Moore. Adolph Vogel is chairman of the board. Movie less at 124, And Small Objects It isn't fair to Hollywood to admit being 124 years old without having ever seen a motion picture. Because of this a representative of producer Edward Small is on the wing today to Medillin, Colombia, to bring back Luis Anacreonte Alvarez, 124, who yesterday told press services that he has never seen a motion picture, heard a radio or ridden on a street car. If Small has his way, Senor Alvarez will be flown to the United States on his first plane ride, will attend the August 19 world premiere of Small's "Black Magic," will be heard on a national radio program and taught how to fork up his "dinero" for a New York trolley ride. RKO Board Meets in Closed Sessions Hollywood, July 7. — RKO board of directors started a series of "closeddoor" meetings at Beverly Hills Hotel which are; expected to continue the remainder of the week. It is reliably reported that Howard Hughes will outline fully hfs plans in connection with the company's theatre divestment, together with policies to govern distribution and production thereafter. Mayer, Strickling to Confer With Schenck Hollywood, July 7. — Louis B. Mayer and Howard Strickling, M-G-M studio executives, left here today for conferences with Nicholas Schenck, company president, scheduled to begin Monday. Final details of the renewal of Mayer's contract are expected to be among matters worked out. Protest Screening Censors' Rating Sydney, July 3 (By Airmail). — Exhibitors in Australia are protesting the regulation under uniform censorship legislation which compels the screening of the censorship classification before every feature and trailer. The uniform censorship legislation strictly applies only in Queensland, Tasmania and West Australia," but exhibitors in other states have been obeying the letter of the as yet unpassed law as a gesture of goodwill. Theatre men argue that it is useless to screen the classification once the audience is in a theatre and the film is about to be shown. Lippert Finance Co. (Continued from page 1) films up to 25 per cent. Exhibitors and others in the industry have been invited to invest up toa maximum of $3,000 each in the finance company. Lippert said that he' has a firm commitment from a bank that it will advance an additional $270,000 when the new company's capitalization of that same amount is reached. Lippert Productions has a schedule of 24 films in 1950, Lippert said, with none to exceed a $60,000 budget. He said the exhibition market is faced with a critical shortage of films of that type, particularly since several of the larger companies have curtailed or completely discontinued production of "B" films. He said the primary purpose of his new finance company is to protect a source of supply for smaller theatres. Lippert said that his production company will turn out 16 films this year. He operates 64 theatres in California and Oregon, he said, and additionally owns several franchises of Screen Guild Productions, which distributes his films. Drive-in Case (Continued from page 1) See Wage Boost (Continued from page 1) increase, but in view of the current depression and the decrease in American companies earnings because of the devalued peso — now 8.65 pesos per dollar as compared with the 1947 rate of 4.85 — trade observers expect a compromise to be reached without resort to a strike. In the event of a strike, Republic, Monogram, Selznick Releasing Organization and independent distributors of French and Argentinian films would reap a harvest, as they would have the only available supply of foreign films. the First Circuit Court of Appeals reversed the District Court and ruled that E. M. Loew did not have to pay. No high court action is possible until the fall, since the court is in recess until October. The drive-in structure was patented by Richard M. Hollingshead of ParkIn in May, 1933, and E. M. Loew took a license under this patent for a Providence drive-in in 1937 After paying rolayties for a while, Loew stopped, and Park-In cancelled the license and brought suit. In its brief to the high court, ParkIn stressed the patentability of the dnve-in idea, which was questioned by the Circuit Court. It said that , the initial skepticisms of those skilled in the motion picture industry and subsequent recognition, acceptance and commercial success of the drive-in theatre of the patent in suit, and the testimony of those skilled in the motion picture industry that the drive-in Sellf °Vhe Pa^ was ingeniouS are all evidences of invention supporting the trial court's fact-finding of invention. s Drive-in Traffic (Continued from page 1) 2nd for Danzigers Here Producers Edward J. and Harry Lee Danziger have started filming their second Eastern production, "Runaway." The film will be shot entirely on locations in New York and Long Island, as was their preceding film, "Jigsaw," which starred Franchot Tone. The production will be distributed by United Artists. It will be directed by Bernard Vorhaus. New Film on Israel "The Earth Cries Out," a Luxproduced Italian film on the political and immigration events leading up to Israel's independence, has arrived here, and will be released by Lux with dubbed English dialogue in late August. The film was written by Lewis F. Gittler and produced by Albert Salvatori, both Americans. Argentina Regulates Hours of Exhibition Buenos Aires, July 4 (By Airmail).— The system of continuous showing of pictures, started some weeks ago in most downtown houses, has been abandoned by order of the municipality. A new decree fixes the hours when films can be shown from 10 A.M. to 1 P.M. ;' 1 :30 P.M. to 4 :30 P.M.; 5 P.M. to 8:30 P.M., and 9 P.M. to 1 A.M. Argentine producers and the Association of Exhibitors have asked the Lord Mayor to rescind the new order. No Failures in Canada Ottawa, July 7. — No commercial failure in the motion picture business throughout Canada was reported during the first quarter of 1949, according to the Canadian government, though there_ was a sharp upswing in bankruptcies in other trades. Kodak to Build in Dallas Rochester, N. Y., July 7. — Eastman Kodak will soon start construction of a wholesale branch and film processing station in Dallas, reports James E. McGhee, vice-president and general sales manager. New U. S.-Mexican Production Firm Mexico City, July 7.— U. S. and Mexican interests have organized the Spanish and English film producing company, Filmadora Internacional, the president of which is General Ignacio M. Beteta, director of the government's war materials department. The American interests are represented by Ryland Madison. Filmadora is preparing its first production, "Red Fury." Akim Tamiroff has the lead in the English version, and the Spanish version cast is headed by Carlos Lopez Montezuma. Filmadora is negotiating with Gregory Peck to appear in pictures for the company in Spanish Morocco. state police want a study made of the locations of all drive-.n theatres to determine if "possible hazards" exist in the areas where motorists enter and depart from the theatre grounds. At the same time, Hayden Evanue, traffic engineer for the Highways Dep*[tmfnt> said the survey would enable the department to take corrective raffic measures ; if needed, at theatre sites. He said the department already had I received complaints of traffic difficulties in two areas. . Meanwhile, the Bureau of Insnec 2? T°f,the Staf? department of Sr and Industry disclosed that it had inspected about 100 drive-in theatres throughout Pennsylvania. The bureau charged with inspection of screens and projection equipment Mexican Boycott Fails Mexico City, July 7. — Boycott of J. Arthur Rank's Technicolor film of the London Olympiad, initiated by the National Cinematographic Industry Workers Union in retaliation against the British government's grant of exclusive filming rights to Rank, failed when the local administration approved the picture's opening at Cine Olimpia. Another for Biltmore Toronto, July 7.— Biltmore Theatres has started construction of a theatre and large business block at Kingston, Ont. Biltmore, of which B. S. Okun is the head, already has theatres in Toronto, New Toronto, Oshawa, Kingston and Sault Ste. Marie. Video at Reade Drive-in ■ Tel,e™ion has come to the drive ■ Si i^T Reade Theatres havffig installed a large-screen set in a special waterproofed cabinet at the base of the screen tower at its 9W Drive-in ™KmgSt°n' uN Y A directional antenna has been mounted atop the screen tower, providing reception that has heretofore been impossible in the Ulster County area— the entire county being too far from New York in one direction to get good home reception, and just on the reception fringe of the Schenectady station. The height of the antenna is said to have overcome this difficulty. Fight School Shows Albany, N. Y, July 7.— John Rossi, operating the Strand Theatre at Schroon Lake, and his brother Charles, operating the Paramount, have filed a plea with the State Commissioner of Education at Albany, asking him to prevent the Schroon Lake school board from renting the Schroon Lake Central Auditorium for stage presentations of a stockcompany. Crescent to Build at Alcoa Alcoa, Tenn., July 7.— Crescent Amusement has purchased a site here for the construction of a theatre and shopping center.