Motion Picture Daily (Jul-Sep 1951)

Thursday, July 12, 1951 Motion Picture Daily 5 Skouras Suit (Continued from page I ) Another JSP A Interpretation Colosseum respective litigants, the RKO Theatres official reported. He said the final disposition under the settlement agreement was achieved recently with the turning over to Skouras of the Ward Theatre in East Bronx, a transaction described as having posed serious difficulties. The plaintiffs had claimed that they were forced to sell to RKO in 1933, 1940 and 1941, 50 per cent interest in three theatre properties, namely, the RKO Proctor, Newark ; Springio Theatres, Bronx, and the Midway in Forest Hills. The complaint asked the court to declare that the interest held by RKO Theatres in each of the three properties belonged rightfully to the plaintiffs and had been held by the defendants for the plaintiffs' benefit. The plan of settlement calls for the setting of values by an appraiser. Skouras-Metropolitan was given first choice in the theatres to be disposed of under the settlement formula, and took the Midway. RKO Theatres then kept for itself the Proctor. In the division of the East Bronx properties the Castle Hill and Marble Hill went to RKO and the Pelham joined the Skouras-Metropolitan circuit. The complaint stated that it was the general purpose of the consent decree to require the defendants to dispose of their interests in all theatres jointly owned except in certain instances and within the limitations set forth in the decree. The purpose of the consent judgment, the complaint alleged, was that the defendants should not be entitled to acquire the interests of joint holders when such acquisition would tend to ' continue a monopoly in firstrun in a particular locality. Capital Drive (Continued from page 1) to five short television shows weekly and about 30 to 40 radio spot announcements each week. A majority of the theatres represented at the meeting indicated they favored the plan providing details could be worked out. A special committee, consisting of Sidney Lust, Frank LaFalce, Jack Foxe, Frank Boucher, Victor Orsinger and Morton Gerger was appointed to look into the matter further and report back to a meeting early next month. (Continued from page 1) hardship basis, with the hardship standards remaining the same ; If an appeal is approved, the applicant will get an JNi PA allotment of steel, copper and aluminum, along with the authorization ; The present $5,000 annual exemption and the $2,000 personal propertycost installation exemption will be replaced by a flat alteration, repair, installation and improvement exemption for any project using less than two tons of steel, 200 pounds of copper and 100 pounds of aluminum. This maximum would apply per ..project and not per quarter, as reported earlier. If this amount of material were to be used for building a new theatre, the exhibitor or his builder would have to have them on hand or get them in the free market without government help. If the materials were to be used for repair or alteration they could be obtained by a selfcertification process, similar to a government priority. Copper wiring would be included in the copper allowance — that is, the 200-pound ceiling would have to cover the copper wiring as well as any other copper used. Fourth Quarter NPA Allotments Ready Washington, July 11. — Application forms for fourth quarter allotments of steel, copper and aluminum under the Controlled Materials Plan are now being mailed to film and theatre equipment and all other manufacturers who applied for allotments during the third quarter, the National Production Authority has announced. The forms must be completed and returned to the NPA by July 31. (Continued from page 1) Theatre Audit (Continued from page 1) shortly after negotiations broke down, the allegation having been that the companies dealt unfairly when they refused to substantiate with actual records the claim that business had declined to the point where salesmen's salaries could not be raised more than four dollars a week at this time. The union had demanded an increase of 10 per cent, or nine dollars a week. Beznor said the charge was withdrawn "without prejudice," which means it can be reinstituted at any time which the Colosseum chooses. The companies which have been negotiating jointly with the salesmen's union are : Warner Brothers, Paramount, 20th Century-Fox, Loew's, Columbia, Universal, RKO Pictures and Republic. NE 'PR' Drive (Continued from page 1) Shipments to Japan (Continued from page 1) being shipped to Japan at present are being held in bond there pending the establishment of Japanese government regulations with respect to the distribution of pictures in that country. The Japanese government, to the chagrin of the U. S. distributors, has indicated an intention of limiting the importation of American films to 150 annually. plans for a unified "all out" showmanship drive designed to utilize every media of advertising, publicity and exploitation in the merchandising of top flight motion pictures due for immediate release. Attending the meeting were Charles E. Kurtzman, Loew's Northeastern division manager; Ben Domingo, RKO Theatres New England division manager; Ted Fleisher, head film buyer for Interstate Theatres of New England ; Arthur Howard, president of Affiliated Theatres ; Herbert Higgins, for Higgins Film Buying and Booking Service; Arthur Lockwood of Lockwood and Gordon Enterprises ; Harry Browning, director of public relations for New England Theatres, and Frank Lydon, field secretary of Allied Theatres of New England. Others attending were : j Ray Feeley, business manager for the Independent Exhibitors of New England ; Max Levenson of Levenson and Levenson Theatres ; Dan Finn, general manager of B. and Q. Theatres ; Abner Eilenberg of Middlesex Amusement Co. ; James King, director of publicity for RKO Boston theatres ; Bob Newhook, director of publicity of Loews' Boston theatres ; Paul Levi, director of publicity for American Theatres ; Jack Seaf, director of publicity for the Boston theatres of the New England Theatres, and Francis W. McManus, John Carroll and Harry Wasserman, district managers for the American Theatres Corp. denied the cross-motion of the exhibitor defendants for a separate advance trial of their illegality defenses and to stay the discovery proceedings by the distributors pending the determination of such trial. The exhibitors had cited the Alger ruling of 1948 in Chicago as a precedent. Judge Underwood found, "that plaintiffs' motion for discovery is well taken and should be sustained," and that the exhibitor defendants' motion "was not well taken and should be overruled." This is the sixth court which has diverged from the Alger ruling. No other court has followed " it. Edw?ard Sargoy of Sargoy & Stein, New York, was of counsel for distributors. Loop May Lose A Fourth Theatre Chicago, July 11.— The RKO Palace Theatre here reportedly is being considered for the Chicago showing of "Gentlemen Prefer Blondes," Broadway stage musical. The play's producers are understood to be negotiating for a full run at the Palace. Conversion of the Palace could start a hot battle with the Shubert organization. Should the Palace deal be set the Loop would be losing its fourth film theatre within two years. The Apollo was torn down to make way for a Greyhound bus station, a church is being built on the site of the La Salle, and the Garrick is closed. Wald and Krasna (Continued from page 1) pictures and to conduct a survey of current exhibitor and distributor feeling by holding personal meetings with key individuals in those fields. Wald and Krasna have already made inquiry concerning the possible exploitation benefits to be derived from such a tour and report that response from RKO field men has been enthusiastic. See Limit of 100 Films for Mexico Mexico City, July 11. — Production of 57 pictures during the first half of 1951 seemingly substantiates trade estimates that the total of 1951 output will not exceed 100, compared with the all-time high of 126 last year. Of the films produced this year up. to June 30, the trade's own bank, the semi-official Banco Nacional Cinematografico totally financed 12 and partially financed 12 others. Jrancas TO THE MOTION PICTURE HERALD^ _ FRANCIS does it again . . . Universal and the exhibitor have a sure-fire winner in the talking mule!" -ynnnw PICTURE HERALD youu Mnee whbn you see Francis goes to the races A UN inTrnknTinMAI PICTURE