Motion Picture Daily (Jul-Sep 1957)

uesday, August 27, 1957 Motion Picture Daily jj( boew's Victor EDITORIAL (Continued from page 8) as intended to require quorum ac|m when a quorum was in office, jew's by-laws are therefore at variice with the rule set forth in 8 Del., f[ 1 Par. 223. It follows that under e statute the by-laws provision ust control. 0|| Seven Directors Called Essential 'Thus, seven directors had to be attendance in order to properly J=fct the individual defendants as di'ctors unless, as the Tomlinson group mtends, the four so-called Vogel rectors, who stayed away from the Wring to prevent the creation of a lorum, should be considered as jpped from raising the question or "ould be considered as though they id resigned insofar as the meeting as concerned. "First off, the attack here is, in e form at least made by the corjration, not the Vogel directors, it aside from that technical point, A authority for either proposition is "led in the brief and I know of no Val reason why such consequences ould flow from the action of the j)gel group here, particularly where ey felt that the principal business iticed for the directors' meeting ould be a matter for stockholder jtion. I express no opinion as to the >ssible consequences of such action other situations. I conclude that ere was no estoppel or temporary |Signations by the Vogel group. No Quorum Was Present "Since the individual defendants 'ere purportedly elected at a directs' meeting at which no quorum ,as present, it follows that their elecm was contrary to the governing •laws and invalid. Their motion for mmary judgment must therefore be ;nied." 'ara!. Gets Stay (Continued from page 1) blder on Sept. 3 on his return im vacation. The temporary ruling effective until midnight Sept. 3. In the suit filed last Friday, Paraount also asked $50,000 damages, leging Syndicate's showing of "The 5n Commandments" for whatever e public wanted to pay reduced its venue. Some paid one, five or 10 nts, it was alleged. Trueman Rembusch, secretarysasurer of Syndicate, announced e admission plan in advance of rhe Ten Commandments" opening the Crest two weeks ago on the ounds it is a religious picture and ould not be shown at a profit. antes Howe, 64 CARROLLTON, Ky., Aug. 26.mes G. Howe, 64, for many years a ominent business man and theatre vner, died suddenly of a heart atck at his home here. Howe, in semitirement for the past several years, tained his interest in the Richland leatre here until his death. (CONTINUED FROM PAGE I) what the cost of his prolonged internal strife may be to the corporation and, hence, its stockholders. Tomlinson s contention, made in other declarations filed with the courts, that the company's condition will become precarious in the near future completely overlooks the fact that, whatever truth there may be in the statement, is due to conditions inherited, mostly at the studio, by the Vogel management. These are conditions that, despite the interference of the Tomlinson camp, Vogel has done much to improve and which, most assuredly, would have been nearer to correction now had he been given Tomlinson's cooperation instead of his opposition. • Which raises the question: Just why is Tomlinson so determined that Vogel's administration shall not be given the chance it so well deserves to preserve and restore the corporation? Could it be that he is afraid that, given the chance, Vogel will succeed? And that Vogel's success will mean that there will be no liquidation of Loew's-M-G-M? It is more and more evident that any sound and reasonable consideration of the positions of the two men— Vogel and Tomlinson— can lesult in only one course of action. That is a vote for Vogel and against Tomlinson at the Sept. 12 meeting. Seaton Plans Meetings Jubilee FlailS On Awards Telecast From THE DAILY Bureau HOLLYWOOD, Aug. 26-George Seaton, president of the Academy, will meet with the board of governors Sept. 5, preparatory to presenting a proposal for the industry to back the Awards telecast to MPAA executives in New York Sept. 9. Louis Levy Dies LONDON, Aug. 24 (By Air Mail). —Louis Levy, since 1948 musical director for the Associated British Picture Corporation, died Aug. 18 at the age of 63. Levy, a veteran of the industry joined Gainsborough Pictures as musical director on the introduction of sound pictures and remained with Gainsborough and Gaumont British until he moved over to ABPC. Joe Shea on Tour Joe Shea, well known film and stage publicity man, leaves today in advance of an act called "The Rivalry" for a two-month tour. The story is based on the Lincoln-Douglas debates, with Raymond Massey as Lincoln, Brian Donlevy as Douglas, and Agnes Moorehead as the feminine interest. Dismiss Trust Suit Federal Judge William B. Herlands has signed a stipulation dismissing a $32,100,000 anti-trust action against the eight major film companies. The suit had been filed by Konczakowski Theatres, Buffalo. Buys Service Company ATLANTA, Ga., Aug. 26. The A. B. C. Theatrical Enterprises, owned by Hap Barnes, has sold out to The Exhibitor Service Co., owned by Tom Lucy and Bill Kelly. ( Continued from page 1 ) convened by Martin Davis, chairman of the group. Plans call for a visiting Hollywood delegation of some 15 to 20 personalities to attend special celebrations in the various boroughs and wind up with a massive Times Square celebration and the dedication of a permanent plaque commemorating 50 years of Hollywood motion picture production. Chairman Davis appointed subcommittee chairmen who will be assisted by representatives from all of the advertising and publicity departments of the major companies. Committee Chairmen Listed The sub-committee chairmen are as follows: publicity and exploitation committee— Ira Tulipan and Charles Cohen; industry tie-ins committeePhil Gerard; reception committeeRobert K. Shapiro; special events commitee and borough celebrationsMartin Levine, Don S. Rugoff and D. J. Phillips; civic luncheon committee— Mort Nathanson, William Percival and Anthony Akers; Ed Sullivan show committee— Martin Davis. Some 20 publicity and exploitation ideas were put forth by the committee and will be studied by the several sub-committees concerned. The full committee will meet again to finalize the two day schedule and plans on Sept. 9. The New York committee is in daily contact with the Coast committee now involved in setting up plans for the Golden Jubilee tour. Following appropriate kick-off ceremonies on Oct. 14 in Hollywood, the group will visit some 20 or more cities before arriving for the final windup two-day celebration in New York. The possibility of the Sunday, Nov. 10, Ed Sullivan Hour being devoted entirely to the Louis Nizer Niier's Generalship Wins Wide Acclaim Louis Nizer of the industry law firm of Phillips, Nizer, Benjamin & Krim was lauded widely throughout the industry yesterday a s word of the sweeping legal victory for the Joseph R. Vogel L o e w ' s m ana gement forces in the W i 1 m i ngton, Del., courts was circulated. Nizer argued the case for Loew's management in the Delaware chancery court last Thursday and all of the planning of the legal defense and offense in the management's behalf was under his generalship. A veteran industry attorney and author, and possessor of a highly distinguished list of professional achievements, Nizer was retained as a special consultant to the Vogel forces last winter as it became evident the Joseph Tomlinson clique was embarked on an anti-management campaign for control of the company. Justice the Principal Plea His victory in the Loew's case was regarded as especially significant in that it was won on matters of equity rather than strictly on the letter of the law; that is, his pleadings emphasized that in the case at hand justice required the decision that was given yesterday. Golden Jubilee is being explored by Davis and his committee. Those present at yesterday's luncheon in addition to Davis included: Paul Kamey, Charles Cohen, Ira Tulipan, Murray Segal, D. J. Phillips, Charles McCarthy, Robert K. Shapiro, Martin Levine, Louis Weintraub (representing Governor Harriman) and Taylor Mills. Strike of Three Detroit Newspapers Is Settled From THE DAILY Bureau DETROIT, Aug. 26 The local newspaper strike which had forced theatre exhibitors to concentrate their advertising on radio and TV was called off at the weekend. The morning "Times" and "News" appeared late Saturday, and all three papers were published on Sunday. The dispute was settled when vice-president James Hoffa of the Teamsters Union returned from Washington late Friday and went into a huddle with the three factions which were in disagreement— International Mailers, Local 40, International Typographical, Local 40, and the publishers association. k