Motion Picture Daily (Jan-Mar 1952)

10 Motion Picture Daily Tuesday, March 18, 1952 Majors Take Milgram Case (Continued from page 1) ''Greatest' (Continued from paqe 1) currently in its lUtli week at the Hall, will match the showcase's record run set by "Random Harvest," in December, 1942, to March, 1943. Comparable gross figures with "Random Harvest." the Hall management said, would not give an accurate picture because admission prices in 1942 and 1943 were lower than they are today. However, the $1,355,000 estimate for the DeMille film is comparable to the Hall's biggest grosser, "The Great Caruso." which racked up a huge $1,395,000 for its ten-week engagement at the Hall in the summer of 1951. Although the running time of "The Greatest Show on Earth" is longer than most features, the Hall has been able to maintain its four shows per day schedule by cutting its stage show. The audience turnover, however, was said to be slower because of the length of the film. Aspen Will Produce Two Films for UA Two stories from James A. Michener's "Return to Paradise" will be filmed by Aspen Productions for United Artists release, it was announced here by Arthur B. Krim, president of UA. The first, which, according to present plans will be made with color in Technicolor, will be "Return to Paradise" and will star Gary Cooper. The second will be "Until They Sail." Six New Theatres For Famous Players Ottawa, March 17. — Since Jan. 1, 1952, Famous Players Canadian Corp., and its associates have opened the Paramount theatre, Port Alberni, B. C, and Paramount theatre, Bathurst, N. B. Between now and June 1, they will open the Alouette, Montreal, Westwood, Islington, Ont., a new drive-in theatre at Moncton, N. B., and another drive-in at Ottawa. Levy Abroad on Filming Bill Levy who recently formed William B. Levy Enterprises, will leave here for Europe April 3, on the Nieuw Amsterdam, to set arrangements for production in Europe in association with both British and American interests. While in London Levy will confer with the directors of Odhams Press, Ltd., co-owners with him of Willbank Publications. Willbank publishes Mickey Mouse Weekly. opinion that the industry had a proclivity to "unlawful conduct" as the reason for branding incredible all testimony of distributors' officers and employes. "How long," the brief asked, "can that statement be permitted to prevent the distributors from receiving fair consideration in new matters not involved in the cases in which the statement was made? May the statement of this court growing out of an entirely dii¥erent record continue to be used as the basis for setting aside findings of a trial judge, or, as in this case, for totally disbelieving uncontradicted testimony of officers and employes of eight separate concerns? Is a pattern of judicial conduct which denies to a certain class of litigants fair disposition of their cases something with which this court should concern itself?" Practical Financial Reason The distributors pointed out that there were many top-ranking conventional first-run theatre's in the Allentown-Bethlehem, Pa., area. They stressed the importance of first-run showing at a "show-window" theatre to the subsequent success of the film in the area. Each branch manager told the court his company, for this practical financial reason, had determined independently and without any knowledge of what other distributors would do, to refuse to license first-run films to the drive-in, the brief stated. Despite this testimony, and although there was no evidence to the contrary, the distributors continued, the trial judge "summarily labeled the distributors' testimony incredible, and reached the further conclusion that each distributor was conscious of the parallel action of the others, and that conscious parallelism was all the proof required to convict the distributors of a violation of the Sherman and Clayton Acts." This trial court decision, the distributors added, was sustained by the Appeals Court in a two-to-one decision on the ground that "since the motion picture industry had been convicted and flayed by this court in the Paramount case, its officers and employe witnesses are unworthy of belief, and there could not have been similarity of action without a conspiracy." The distributors said this ruling of the Third Circuit conflicted with the Fourth Circuit Court of Appeals decision in the Walbrook Amusement Co. case, which held that "similarity I of action under substantially like cir cumstances affecting each distributor is not proof of conspiracy." The distributors said that considering the Drive-in Theatre is available only to motorists, that it is open only part of a year, that it shows films only after dark and is seriously affected by adverse weather conditions, "it would seem to any fair-minded person that a normal business executive, responsible for the first-run exhibition of motion pictures where they will gain the best reputation so as to enhance their subsequent-run income, would prefer first-run in a conventional theatre in the heart of the business district." Even if the decision were not financially sound, the brief argued, "any distributor is free to make it if it is made independently and without conspiracy, or agreement or combination with any other distributor or exhibitor." If "conscious parallelism" justifies an inference of conspiracy, the high court was told, then the distributors have no means of preventing repeated inferences of conspiracy unless they conspire to create a divergence of conduct. Assuming each distributor indepently decided not to license the drivein, the distributors said, they would have to agree that one or two distributors should license the drive-in so as to avoid a finding of "conscious parallelism." In conclusion, the distributors said the case has "an importance which far transcends the particular decision." They cited the "flood of litigation throughout the U. S. against the distributors" since the Paramount case decision, and said that as long as this decision on conscious parallelism and the credibility of distributor evidence is allowed to stand, other district courts in the Third Circuit must follow this principle and the distributors are "at the mercy of the plaintiffs in the mass of litigation with which they are confronted there. With great earnestness, we submit that until this Court reviews the theories upon which the Circuit Court of Appeals is deciding cases in which motion picture distributors are involved, they cannot obtain fair consideration in that circuit." Another 'Miracle' Delay Washington, March 17.— Argument before the Supreme Court on the "Miracle" appeal, testing New York State's film censorship law, is now tentatively set for the week of April 21, according to court officials. It had been slated for the week of March 31, but was pushed back. The April 21 week is the last week the court will hear arguments this term, indicating the case will probably be one of the last to be decided before the court quits for the summer. To View 'Convicts' Columbia Pictures' "My Six Convicts" will be shown to 250 teachers attending the in-service course, tiirough the joint cooperative effort of the Board of Education and the Organization of the Motion Picture Industry for the City of New York, today at the Roosevelt Memorial Hall, American Museum of Natural History. N.Y. Grosses (Continued from page 1) line, U. S. A." at the Roxy, which also features a stage show. There, a solid $75,000 is seen for a first week. "The Greatest Show on Earth" at Radio City Music Hall, continues doing fine. A swell $103,000 is seen for its tenth week, and it will stay, at least tying the house's run record. 'Boots Malone' Fair At the Paramount, a fair $53,000 is forecast for the opening week of "Boots Malone" on the screen and Ella Fitzgerald headlining the stage bill. "Meet Danny Wilson" will bow at the Paramount March 26. For the fourth week of "African Queen" at the Capitol a nice $30,000 is seen. The long-standing "Quo Vadis" at the Astor will be replaced March 27 by "My Six Convicts." "Quo Vadis," currently in its 2'Oth week, is expected to gross a substantial $21,000. Holding up well is "Sailor Beware" at the Mayfair where $22,500 is estimated for the seventh inning, while "Viva Zapata" at the Rivoli is forecast to do a good $13,000 for its sixth week. "Snow White and the Seven Dwarfs" at the Criterion is doing excellently, with $20,000 seen for the fourth stanza. "The Captive City" will have its premiere there March 27. At the Globe, "Smoke Jumpers" will replace "Hoodlum Empire" Friday, which is expected to bow out with a rather weak $11,500 for its second week. The re-issue of "A Street car Named Desire" is currently featured at the Warners, where "Bugles in the Afternoon" wound up its twoweek run with a tepid $12,000 for its final five days. Second Week Forecast A fairly good $18,000 is forecast for the second week of "The Belle of New York" at Loew's State, where "Flesh and Fury" will bow in March 27. Among off-Broadway houses, "Cry, the Beloved Country" at the Bijou is expected to gross a solid $8,500 for its eighth week, while a healthy $5,500 is seen for the 22nd inning of "The Lavender Hill Mob" at the Fine Arts Theatre. A satisfactory $4,600 is indicated for the fourth stanza of "The Woman in Question" at the Park Avenue. At the Sutton, a fair $4,200 for the 10th week of "Tales of Hofifman" is forecast, while a robust $9,000 is seen for the 28th week of "The River" at the Paris. "Navajo" at the Baronet is doing fairly well, with $2,900 indicated for the fourth stanza. "Royal Journey" at the Guild Theatre is proving a solid attraction with the third week expected to rack ud $7,500. Renown Gets Rights to 5 Acquisition of United Kingdom distribution rights for a series of five new American features has been set by Richard Gordon, president of Renown Pictures of America. TO BE SURE or BtST QUALITY and QUICK SERVia MADE-TO ORDER TRAILERS /FILMACK CHICAGO S, III. NIW YORK II, N. Y. I 13a7».Wolwiih * MO Ninth AvMin I