Motion Picture Daily (Oct-Dec 1954)

Tuesday, November 9, 1954 Motion Picture Daily 5 Percentage {Continued fronn page 1) Fox against William A. Smith and Texas Theatres, Inc., as defendants, operating the Texas theatre in Pharr, Texas. Judge Allred required the defendants to produce all of the theatre books for a six and one-half year period from Jan. 1, 1948, to the date of the filing of the suits. Judge Allred's order in Texas is the first to cover a period of such length, and follows a line of similar orders granted in more than twenty-five other Federal jurisdictions. A motion by the eight distributor plaintiffs for a broad inspection of theatre books and records of the Park Theatre in Philadelphia, Pa., for over a six year period, in eight pending percentage actions also was ordered by United States District Judge John W. Lord, Jr., in Philadelphia. The motions filed by Columbia, Loew's, Paramount, United Artists, RKO, Universal, 2'Oth Century-Fox and Warner Bros, were brought in cases involving defendants I. Edward Kapner and others operating the Park Theatre for the period from Jan. 1, 1948, to the date of the filing of the actions this year. High Court Ignores St. Louis TV Appeal WASHINGTON, Nov. 8.— The Supreme Court refused a request by the St. Louis Amusement Co. that it intervene to block a Federal Communications Commission hearing on CBS' application for a St. Louis television station. St. Louis Amusement Co. is one of five applicants for Channel 11 in St. Louis. Another of the five is the Columbia Broadcasting System. St. Louis contended that the FCC should not permit CBS to remain as an applicant for the channel, since CBS already has five television stations and under the FCC multiple ownership rules not more than five VHF TV stations can be held by one licensee. Special Ruling for CBS The commission, however, granted a special exception to CBS, permitting it to apply for the St. Louis station, and the St. Louis Amusement Co. petitioned the FCC to deny the CBS application. When the FCC denied this, St. Louis asked the court of appeals to order the commission to deny it and to order the FCC hearing stayed until CBS is dropped. The appeals court denied this motion, and the amusement company then asked the Supreme Court to step in. In its appeals brief, St. Louis said that "if this particular exemption is permissible, there can be no assurance it will be the only one. Future exemptions for favored parties will be possible." The high court today gave no reason for its decision not to hear the appeal. Justice Douglas took no part in the decision, it was noted. 'Carmen' Pulls $31,000 Otto Preminger's CinemaScope production, "Carmen Jones," grossed $31,000 over the weekend at the Rivoli Theatre here, it was announced yesterday by 20th Century-Fox. The high mark was substantially ahead of the first weekend of the picture's engagement. Televisinn-'HadiD iivith Pinky Herman^ ■fX rHEN a program becomes an institution, such as Don McNeill's "Breakfast Club," (Series is currently on its 22nd consecutive year on the air) one must take time out from a busy and varied schedule to pay heed. When Don's pals and cohorts including ork pilot Eddie Ballentine, vocalists Johnny Desmond and Eileen Parker, comic Sam Cowling, Fran (Aunt Fanny) Allison and producer Cliff Petersen, descended en masse upon us Gothamites last week, this scribbler not only paid heed to the jam-packed audiences in the Terrace Room of the Hotel New Yorker but also paid a visit and thrilled to the ABChockful of entertainment shows the Chicagoans put on. . . . Ruth Hussey and Louis Jourdan will co-star next Tuesday in an original teleplay, "Warm Clay," scripted by Jack Gordun and Winifred Wolfe for "The Elgin Hour," TVia ABC. . . . Peter Packer's television adaptation of I. A. R. Wylie's story, ". . . And Son," the first she's ever permitted to be telecast, will star Edward G. Robinson and will be produced by Michel Kraike for Screen Gems. Sponsor is Ford Theatre. ^ ^ When the "Jackie Gleason CBShow" opens a two-week engagement at the New York Paramount Theatre next Wednesday, not only will the assembled cast prove to be the greatest ■ in number but for the first time in 19 years, will it be necessary to utilize the entire stage. . . . Formerly with Telefilm Enterprises and Official Films, Bud Austin has been named to head the national sales division of National Telefilm Associates by W*>^ v^^P Harold Goldman. . . . Dick (Two-Ton) illMte timr^m B^^^'^' whose Chicago clowning and RCAJH^HT't^^H pars has won him a great following in the ^^^H^ Mid-West, has signed with Imperial Rec ^^^H m j^H ords. Initial disk pairs two novelties, "Clink ^^H i^H Clank" backed with "The Froggy Song." ^^^^M'M^^M . . . Leonard E. Hammer has resigned from Tackie Glf>a^nn ^^e Adam Young TV Corp. to join the Jackie Uleason ^^j^^ ^^^^ MCA-TV Ltd. . . . With a wealth of Broadway, stock and radio experience, plus looks and charm, Helen Baron, currently seen as Bob Dana's "Gal Friday" every Tuesday (4:00-4:15 P.M.) over DuMont, rates our nod as "Miss TVision of 1954." ■ii -A Sounds like a natural to u^. We're referring to Jack Benny's fortlicouiing CBSunday TV satire on "The Caine Mutiny," a baseball story, "The Giant Mutiny," which features Leo Durocher, manager of the N. Y. Giants, Bob Lemon of the Cleveland Indians, Fred Haney and Chuck Dressen and umpire "Beans" Rear don. . . . According to Hugh H. Bcville, Jr., NBChief of research and planning, there are now approximately 31,674,000 TV receivers in the country. . . . Producers Mark Goodson and Bill Todman have named Harris Katlemwi, director of G-T West Coast operations, to cultivate nezv material and, develop nezu zuriters. . . . Russ Emery, singing-emcee of the daily "New England Talent' Club" series TVia WJAR, is another lad who came to the big apple, learned the ABC's of broadcasting via Dick Stabile's Orchestra, Ken Murray and Kate Smith sliozvs, his own program over WNEW thence back home to Rhode Island, where as star of his own TV show, he can encourage and guide other talented youngsters. . . . When 20-year Don Hastings makes his appearance next Monday as "Captain Video" on DuMont, it'll mark his 1500th consecutive telecast. Don started his TVenture on this program when it prcemed. back in 1949. . . . Bob Weitman has come to "grippes" zvith the flu and is winning the battle. ^ -iJV ^ RECOMMENDED: Maggi McNellis' daily ABChatter Irving Berlin's "Count Your Blessings," from the Paramount filmusical, "White Christmas." . . . "Big Jon & Sparkle," fine kiddie series heard locally in Cincinnati, should be brought to N. Y. and ABCoast-toCoasted on TV. . . . The Dolphins' great waxing of the swingy "If I Had a Million Dollars" on Label X. A deejay natural. ... Ed Herlihy's colorful reporting every Sunday (3:00-5:00 P.M.) on his "Week-End" RCA radio series. . . . Ruby Mercer's MBSpritely programs featuring recorded music and up-to-the-minute news. Jack Benny Pickus {Continued from page 1) of the shortage of product, cannot wait, there is a problem, the Connecticut theatre owner said. "It seems to me that the latter group of exhibitors should: (1) Install a large screen, after careful investigation and advice, so as to be able to get the best reflective light setup for the particular theatre. For the average small theatre the cost of the large screen is not more than $1,000. And (2) install a^short focal lens. For an additional $750, if they wish to be able to show all CinemaScope pictures on the wide screen, they are able to buy a pair of anamorphic lenses. Prints are being released with one-track optical sound," Pickus stated. There is no reason to make any investment in stereophonic sound, he flatly said. "You must make these decisions after due investigation, counsel, and thought," Pickus stated. "Do not get high pressured into things you do not want and do not need. Take these thoughts into account : ( 1 ) What amount of product is available to you if you do nothing, or, if you do part, or, if you do all? (2) What is your competitive position? Are you being hurt because you have not modernized your projection equipment? What are your neighbors doing? (3) Have you kept your house in order, aside from equipment? Are your customers getting the best in cleanliness, service, and courtesy?" ABC, DuMont Silent On Reported Deal Principals of American Broadcast' ing Co. and DuMont Laboratories refused to comment yesterday on reports that discussions looking to the purchase of the DuMont television network by ABC have been under way for some time. In addition, officials of Paramount Pictures, which owns all of the DuMont Class B stock, declined comment on further reports that it opposed the projected deal. DuMont owns and operates TV stations in New York, Washington and Pittsburgh. Under the Federal Communications Commission regulations, if such a deal were consummated, ABC would be required to divest itself of one New York station and two other VHF properties. Three UA Branches Lead Sales Drive United Artists' New York, Cleveland and Milwaukee branches have captured the three first-place prizes for the first lap of the Robert S. Benjamin drive, it was announced by B. G. Kranze, general sales manager for UA and co-captain of the drive saluting the company's chairman of the board. The New York branch is managed by Joseph Sugar ; the Cleveland exchange is bossed by Dave Rosenthal, and Joe Imhof heads the Milwaukee branch. 'She Wolf In Buffalo First showing of Republic's "The She Wolf" in the English dialogue version will open at the Lafayette Theatre in Buffalo tomorrow. The picture is a Jules Levey presentation.