Motion Picture Daily (Oct-Dec 1954)

Friday, November 5, 1954 Motion Picture Daily 3 Drive-ins 'Trust' Suits (Continued from page 1) CoL Finance (Continued from page 1) were criticized by exhibitors here. Some exhibitors even had threatened to boycott Cohimbia product. B. B. Wilby of Atlanta said that Cokimbia still would have control of releases and that it could vvithold one of its own pictures to make an independent picture available. He said that unless Columbia increased the product availability through its financing plan, not much could be gained. Alfred Starr of Nashville described the announcement as being "wonderful if true." Points to 'Backlogs' Ed Zorn of the Illinois TOA unit pointed out that the release would still be in Columbia's hands, adding that some companies have big backlogs but are holding back on release. The exhibitors want those pictures on the market, he said. Other comments, however, were more favorable. Typical were the following: E. D. Martin, newly elected president of TOA : "This is the best news I've heard in a long time." Sam Pinanski of Boston : "I'm happy to see Columbia break the ice. I compliment any company that recognizes the plight of the exhibitor in a short market. I know of no source of supply that is better than that conducted by an existing company. I hope all other companies will follow Columbia's lead and make more pictures because more pictures will help exhibition, with prosperity for all." • R. J. O'Donnell, Dallas : "The news from Columbia is exciting and encouraging. If Columbia doesn't curtail its own program, I wish it success in the venture. I extend my hand of fellowship to the company." Reade Enthusiastic Walter Reade, Jr., retiring TOA president : "It's wonderful news." Mitchell Wolfson, Miami: "Columbia's announcement, if carried through, will solve many of the industry's problems. It certainly is a step in the right direction. I congratulate Columbia for its forward-looking move." Emanuel Frisch, president of the Metropolitan Motion Picture Theatre Association of New York: "All exhibitors will be happy to hear the news. I hope there will be a lot of new pictures and that all of them will be good." In New York, exhibitors also expressed enthusiasm about Harry Cohn's announcement. Typical comments were : Leonard H. Goldenson, president of American Broadcasting-Paramount Theatres : "I am delighted to see Columbia approaching the shortage of product progressively." Eugene Picker, vice-president of Loew's Theatres : "We could always use good, top-flight product at all times." Wilbur Snaper, president of New Jersey Allied: "We welcome additional films from all sources." Myerberg in London LONDON, Nov. 4. — Michael Myerberg, producer of "Hansel and Gretel," has arrived here for three to four weeks of conferences with RKO foreign executives on the distribution of his Technicolor feature. Following meetings here with Robert S. Wolff, RKO's managing director for the United Kingdom, Myerberg will go to France, Germany and Italy. resented by the law firm of Malkan & Ellner, also listed 44 co-conspirators, including the Motion Picture Association of America, in their complaints. Among the defendants in the suits are Warner Brothers, Stanley Warner Corp., RKO Pictures Corp., RKO Theatres Corp., 2(Xh Century-Fox Film Corp., Universal Pictures Co., Inc., American BroadcastingParamount Theatres, Inc., Loew's, Inc., Paramount Pictures, Altoona Publix Theatres, Inc., Penn Paramount Corp., Comerford Theatres, Inc., United Artists Corp., United Artists Theatre Circuit, Inc., Harris Amusement Companies, Jamestown Amusement Co., Inc., National Theatres, Inc., Wesco Theatres Corp., Columbia Pictures Corp., Allied Artists Pictures Corp., Monogram Pictures, Inc. and Republic Pictures Corp. Co-Conspirators Listed The co-conspirators, which the drive-ins claim acted in concert with the defendants, are : Arizona Paramount Corp., B & K Management Corp., Balaban & Katz Corp., William Berinstein Theatres, Buffalo Paramount Corp., Fanchon & Marco, Inc., Fanchon & Marco Service Corp., Florida State Theatres, Inc., Intermountain Theatres, Inc., Interstate Circuit, Inc. and Texas Consolidated Theatres, Inc., Jefferson Amusement Co. and East Texas Theatres, Inc., Kallet Theatres, Inc., Maine & New Hampshire Theatres Co., Malco Theatres, Minnesota Amusement Co., Monroe Amusement Co., New England Theatres, Inc., Northio Theatres Corp., Paramount Enterprises, Inc., Paramount Gulf Theatres, Inc., Paramount Pictures Theatre Corp., Publix Bamford Theatres, Inc., Publix Great States Theatres, Inc., Tenarken Paramount Corp., Tri-State Theatre Corp., United Detroit Theatres Co., Wilby Kincey Service Corp., Evergreen State Amusement Corp., Fox InterMountain Theatres, Inc., Fox Midwest Theatres, Inc., Fox West Coast Theatres Corp., Fox Wisconsin Theatres, Inc., Fabian Theatres, United California Theatres, Inc., Poli New England Theatres, Inc., RKO Midwest Corp., RKO Proctor Corp., RKO Orpheum Corp., Skouras Thea Para. Profit (Continued from page 1) 89 cents per share on the 2,256,158 shares then outstanding. Consolidated earnings for the nine months ended Oct. 2, 1954 after taxes are estimated at $6,390,000. These earnings include net profit on sale and adjustment of investments in subsidiary and affiliated companies of approximately $832,000, after deducting applicable income taxes. These earnings, including such net profit on sales of investments represent $2.89 per share and, excluding such net profit, $2.52 per share, the company reported. Consolidated earnings for the first nine months of 1953 were estimated at $4,996,000 and represented $2.21 per share. . Para. Votes 50' Cents The board of directors of Paramount Pictures yesterday voted a quarterly dividend of 50 cents per share on the common stock, payable Dec. 14, to holders of record Nov. 29. tres Corp., Metropolitan Playhouses, Inc., Randforce Amusement Corp., Brandt Theatres, Schine Circuit, Inc., and the MPAA (formerly the Motion Picture Producers and Distributors of America, Inc.). The three plaintiffs claim discrimination and unreasonable restraint by the defendants and others acting in concert with them. Some of the exhibitors and a trade association are not named as defendants because they are not subject to service of _ the process in this suit, attorneys said. The drive-ins state in their complaints that the "Big Five" producerdistributor defendants controlled, monopolized and arrogated to themselves, directly and through subsidiaries, affiliated and jointly owned companies, the cream of the motion picture exhibition business ; that is, first run and other early exhibition of feature films. The other defendants acquiesced, the complaint charges. In furtherance of the alleged conspiracy, the defendants have discriminated against local independent exhibitors, including drive-ins such as the South Park, Community and Bell Dell, in many respects, such as runs and clearances, film rentals, maintenance of minimum admission prices, and in unreasonably withholding prints from independent exhibitors after availability by false claims that all prints were previously booked, it is charged. Restriction Charged Arnold Malkan, attorney for the outdoor houses, charged that the "defendants skimmed the cream of the exhibition business, which consists of first-run and other early showings. At first, they refused to license product to independent drive-ins on any terms but later on restricted pictures and delayed runs on product which were given to the outdoor houses," he contended. The South Park Drive-In seeks a judgment of $2,225,000 together with interest. The Blue Dell Drive-In and the Community Drive-In each seek judgments of $1,275,000. It is believed that the complaints are among the first to list damages to concessions as well as the theatre, Malkan said. Usiion City House ( Continued from page 1) deprived of first and subsequent run product because of an alleged conspiracy among the defendants. Others included in the suit are Republic, and subsidiaries of Loew's, Stanley Warner and RKO Theatres. Ehrlich Elected D.C. Tent Chief Barker WASHINGTON. Nov 4. — Alvin Q. Ehrlich, vice-president of Kal, Ehrlich and Merrick Advertising, Inc., was elected chief barker of the Washington Variety Club Tent 11 for the year starting in January. Phil Isaacs, Paramount Pictures branch manager, was elected first assistant chief barker and Loew's Eastern division manager Orville Crouch was elected second assistant chief barker. Other officers elected for the coming year were : Frank Boucher, prop People Louis Lober, general manager of the foreign department of United .A.rtists, marks two milestones this week. Lober rounds out 25 years in the industry and simultaneously celebrates his 25th wedding anniversary. n Bill Fincher is the new owner of the Bay Mountain Drive-In at Kingsport, Tenn. Fincher was formerly a theatre owner in Chattanooga. n William R. Kelley of WDTV was elected commander of the Pittsburgh American Legion Variety Post 589 at a testimonial luncheon in the Variety Club honoring outgoing commander B. N. Rosenberg. Donald ^y. Chaban, 1st vice-commander; Paul Krumenacker, 2nd vice-commander; James Gallagher, finance officer; C. C. Kellenberg of 20th Century-Fox, adjutant; Morris Berman, "Sun-Telegraph" photographer, service officer, and the Rev. James S. Garahan, chaplain, were also installed at the testimonial. n Robert Wile, secretary of the Independent Theatre Owners of Ohio, will make a number of speeches to the Junior Chamber of Commerce of that state starting in November and ending in June. n Mrs. Norma Jacobson, daughter of Si H. Fabian, president of Stanley Warner, is serving as director of public service for the Albany UHF station, WTRI. Fabian is a director of the operating company, Van Curler Broadcasting. n Jack Boddam of National Theatres head office in Toronto has been appointed manager of the circuit's latest art theatre, the Towne Cinema at Ottawa, replacing Ronald Wedgewood, who resigned to become manager of the Rialto, an independent house in the Canadian capitol. John Davis of London, chief executive of the J. Arthur Rank Organization, is expected to visit Toronto at the time of the Canadian industry convention during the week of Nov. 22. a Vincent Kelly, owner of the Empress Theatre, Kemptville, Ont., was honored in a special ceremony in Toronto of the Knights of Columbus for his long service in behalf of the organization. erty manager; Sam Galanty, dough guy ; and Morton Gerber, convention delegate. Elected to the new board of governors were J. E. Fontaine, Marvin Goldman, Nathan D. Golden, Sam Wheeler, Hirsh De La Viez, George M. Crouch, and Messrs. Ehrlich, Galanty, Boucher, Isaacs and Orville Crouch,