Motion Picture Daily (Oct-Dec 1955)

Tuesday, October 18, 1955 Motion Picture Daily 5 High Court (Continued from page 1) Supreme Court by the exhibitors, who , contended that a jury trial should be held. The justices gave no reason for . their decision, merely noting it on a 1 list of orders handed down at noon today. Two Companies File The exhibitors who brought the appeal were the Narragansett Pier i Amusement Corp., Artcraft Pictures, . Inc., and Meyer, Joseph and Max , .Stanzler. They operate theatres at Narragansett Pier, Wakefield, East Greenwich and Wickford in Rhode Island. The five major distributors originally sued all but Max Stanzler, ' charging that they had defrauded the distributors through false reports on percentage films. The exhibitors brought three counter-actions charg ] ing the five major distributors and five other distributors and two exhibitor corporations with an anti-trust conspiracy against the Rhode Island 1 theatres. United Artists, Universal and Columbia then countersued the 1 exhibitors for percentage fraud. All Actions Consolidated The Federal District Court consolidated all the actions for trial, and later referred the case to a special master for decision. The exhibitors, who wanted a jury trial, appealed to the first circuit court of appeals, and I when they lost there, to the Supreme Court. They argued that anti-trust plaintiffs should not be discouraged by the prospect of long and unreasonable delay and expense, and that this would result from the decision to permit a special master to hear the case. The distributors, in reply, said the special master would probably finish hearing the case before the high court could act on the appeal. They said the entire litigation was extremely complicated, of the type particularly suited to resolution by a master. UA Post to Cooper (Continued from page 1) of Cooper, Kranze announced a realignment of branches in the Eastern district, managed by John Turner, and the Central district, both under the supervision of Eastern and Southern division manager Milton E. Cohen. The Cleveland branch will be transferred from the Central to the Eastern district, while the Eastern exchanges of Pittsburgh and Washington will be incorporated in the Central territory. Under the new organizational plan, which becomes effective next Monday, UA's Eastern district comprises Boston, New Haven, Philadelphia, Buffalo and Cleveland. Exchange offices of the revised Central district, to be headed by Cooper, are Cincinnati, Detroit, Indianapolis, Pittsburgh and Washington. Cooper joined United Artists in 1944 as a salesman in the Pittsburgh $30,000 Awarded in Pitt. Percentage Suit Special to THE DAILY PITTSBURGH, Oct. 17. Judgments in seven distributors' percentage under-reporting suits, awarding damages aggregating $30,000 to the plaintiffs— Paramount, 20th CenturyFox, Loew's, Warner Bros., RKO, Universal and United Artists— against defendants James Jaffurs, Richard E. Brown, John Jaffurs, Jr., William Anast and Wilmer Enterprises, Inc., were signed, on consent of the parties, by District Judge Herbert P. Sorg in the Federal Court here today. Under-Reporting Charged The actions, seeking damages for under-reporting on percentage pictures at the Wilmer Theatre in Wilmerding, the Star Theatre in Glassport and the Grant Theatre in Millvale, all in Pennsylvania, during 1940 to 1951, had been contested for over four years by defendants, whose answers, in addition to denials of the distributors' charges, pleaded a defense under the Pennsylvania six-year statute of limitations, and a counterclaim under the Federal Anti-Trust Laws for unliquidated damages. The judgments dispose finally of all issues in plaintiff's favor. Times Film Seeking New Product Abroad Felix Bilgrey, attorney for Times Film Corp., will leave for Paris today to join Jean Goldwurm, president of the distributing organization, in negotiations for the acquisition of new product. Goldwurm, who has been abroad three months, is extending his stay in Europe to complete plans for the coproduction with Robert Siodmak of a film to be made on the continent. Bilgrey also will take part with Goldwurm in talks with a French producer for a co-production in France. SU' Acquires Rights To 'Emperor Jones' Acquisition of the motion pncture rights to "The Emperor Jones" from Jac Thall, Clifford Cochrane and the estate of the late Eugene O'Neill was announced yesterday by Universal. The one-act, eight-scene play was first produced at the Provincetown Playhouse in New York in 1920. A screen version of the play, produced by John Krimsky and Clifford Cochrane, Inc., and starring Paul Robeson, was released by United Artists in 1934. territory, and has been with the company throughout his industry career. He was shifted to the Detroit sales force in 1945 and two years later was named Cleveland branch manager. In 1950 he was appointed manager of the New Haven exchange and continued in that post until he assumed management of the Washington branch in April, 1954. Trans -Lux (Continued from page 1) under way for the remaining three pictures, he added, with the eventual aim of releasing 12 pictures a year or one per month. Brandt prefaced the announcement of Trans-Lux Distributing Co. plans by explaining that Trans-Lux Pictures Corp., another subsidiary which purchases the Western hemispheric rights to films, had acquired the rights to six films. The three already mentioned will be handled by the Trans-Lux Distributing Co., while another three are being handled by other distributing companies, the other three being "Adventures of Sadie," "Svengali," and "The Wicked Wife." Feels Specialized Selling Needed Trans-Lux formed its own distribution organization in the belief that the product needed specialized selling and concentrated effort. Eventually, Brandt continued, Trans-Lux will have branch offices in the following eight territories: New York, Washington, Atlanta, Dallas, Los Angeles, San Francisco, Minneapolis, and Chicago. The rest of the country will be covered by sub-distribution, he added. Also attending the press conference were Harry Brandt, a large stockholder in Trans-Lux and a member of its board, and George Roth, who recently joined Trans-Lux Distributing Corp. as a vice-president in charge of sales. A statement by Percival E. Furber, chairman of the Trans-Lux Corp. board, announcing the formation of the distribution company was read to reporters. Furber, who lives in Darien, Conn., was said to have been flood-bound. Criticizes Code In response to a question, Harry Brandt said that the Trans-Lux Distributing Co. would not limit itself to the handling of foreign films which have a Production Code Seal. He called the Code "outmoded," contending it needs modernization. "We will never release anything that is not in good taste," he added, however. Roth, in his prepared statement, said there is an ever-growing market in the U. S. for good foreign product. The organization's first release will be "Dance, Little Lady," which will open at the Normandie Theatre here prior to Christmas. Tulipan Named (Continued from page 1) contact for the past three years, assumes his new duties immediately. A member of the publicity and advertising staffs of the company since 1942, he was previously associated with Warner Bros, following entry into the industry through the exhibition field. 'RebeV Here Oct. 26 "Rebel Without A Cause," Warner Bros.' CinemaScope and WarnerColor drama, will begin its New York engagement at the Astor Theatre here on Oct. 26. C.E.A. Neutral Film Rental Protest Due At Rome Meet By PETER BURNUP LONDON, Oct. 17. Rising film rentals in the U. S. will figure prominently on the agenda at the threeday meeting in Rome of the International Union of Cinema Exhibitors, which opens Oct. 26. Due to a product shortage in America, distributors are increasing percentage hire-rates in their respective areas. Exhibitor representatives from a number of European countries are expected to press for an international movement among exhibitors aimed at curbing the alleged tendency. May Take Detached View The British delegates to the meeting-Ellis Pinkney and E. J. Hinge, respectively general secretary and treasurer of Cinematograph Exhibitors Assn.,— are likely to remain on the side-lines in the debate. Examination of the latest Board of Trade film-trade statistics reveals that film-hire in this country remains comfortably static. The board's figures show that the average percentage terms for the first half of this year was 35.2 per cent, the rate which obtained in the previous six months. At the beginning of 1950 the rate was 35.9 per cent and has fluctuated since by around 0.6 per cent in any direction. Myron Blank, new president of Theatre Owners of America, has been designated representative of that organization at the I.U.C.E. meeting in Rome beginning next week. Insofar as could be learned yesterday, Allied States will not be represented at the meeting. Indiana Allied (Continued from page 1) nine charter organizations that constitute COMPO, including national Allied." It also demanded that these units have ample time to study each subject. "It should further be assured that COMPO work in closer liaison with all of the organizations that compose it," the ATOI board declared. It specified that "COMPO would regularly release to all of its charter members a complete financial statement showing operating costs, balance of funds, allocation of money for future programs, etc. It stated the ATOI board continues to support the original intent and purpose of COMPO and feels that such an organization "is highly desirable for our industry. With safeguards that will insure against it becoming an organization that will override its constituent member groups, it is hoped that COMPO will be preserved."