Motion Picture Herald (Nov-Dec 1940)

November 16, 1940 MOTION PICTURE HERALD 61 IN COURTS Theatre Building Actions In Florida and Kentucky Actions on the right to erect theatres are current in Ft. Lauderdale, Fla., and Pineville, Ky. In Ft. Lauderdale, E. R. Bennett, denied permission to erect a theatre building on Las Olas Boulevard, has appealed the building inspector's decision to the board of adjustment. In Pineville, a suit has been filed to compel the city council to act immediately on a proposal to erect a new theatre by Don Reda, who has already broken ground for the theatre. One protest asked that the building permit be denied by the city as a protection to local industry. 20th Century-Fox Against Century Circuit Settled The suit of Twentieth Century-Fox against Century Circuit, New York, for $70,000 damages claiming violation of contracts to play Twentieth Century-Fox films during 1938-39 and 1939-40 seasons was settled and discontinued in New York supreme court Friday, November 8th. Century had counter-claimed for $75,000, claiming breach of contract by the plaintiff. Terms of the settlement were not disclosed but attorneys said that Century would continue doing business with the plaintiff. UA Seeks Dismissal Of Goldwyn Action Dismissal of the suit of Samuel Goldwyn against United Artists for cancellation of the plaintiff's contract, damages and an accounting is to be sought from John W. Clancy, federal judge, in New York Friday, according to a notice of motion filed in federal court last week. The motion asks for dismissal on the ground that the plaintiffs in filing an amended complaint failed to complv with a recent order of Judge Vincent T. Leibell requiring the complaint to be separately stated and numbered. Alternatively, United Artists, demands that Mr. Goldwyn serve a new complaint complying with the court order. Plaintiff's Motion Granted Motion to strike out the answer of the defendant. Joseph F. Shulman, operator of the Plaza, Windsor, Conn., has been granted in the clearance case of Lampert Theatres of Windsor, Inc., against Warners brought to the superior court in New Haven last February. Plaintiff asks $25,000 damages, reformation of the contract, and an injunction against Warners restraining it from performance of a second run contract, which it entered into in a violation, it is claimed, with the plaintiff, operator of the Windsor. Set Tarkington Trial Trial of the suit of Booth Tarkington for $100,000 damages against Warner Brothers Pictures has been set for January 8th in federal court in New York after Warners filed an affidavit. Claim is made that the defendants breached a contract providing for the sale of a number of Tarkington stories bv producing "Penrod and His Twin Brother." Warners has counter-claimed for $35,000, claiming that a number of stories were not subject to sale as being in the public domain. $77,1 13 Awarded Agent A New York supreme court jury this week awarded $77,113.44 to Dennis R. Scanlan, who had filed suit against Sonia Henie for 20 per cent of her earning, claiming that Miss Henie had obtained her Twentieth Century-Fox contract through him. Fear Awarded $50,000 A jury in federal court in Los Angeles has awarded Ralph Gordon Fear, inventor of a laboratory process, $50,000 damages against Metro-Goldwyn-Mayer for alleged violation of a contract under which the company was to have the use of the process for its own pictures only. Title Action Filed Producers Laboratories, Inc., filed suit Friday in New York supreme court to restrain Universal from distributing "Hired Wife." An accounting also is asked. Producers claims it owns a film titled "A Hired Wife" and contends that Universal's picture "violates its exclusive right" to that title. The Roxy, which showed the film, also is made a defendant. To Examine 20th Century-Fox Men Sidney R. Kent, Walter J. Hutchinson and Ben Miggins, Twentieth Century-Fox executives, were directed this week by Isidor Wasservogel, New York supreme court justice, to testify before trial on November 26th in the suit of Marion Palmer as assignee of M. J. Messeri, who claims $6,112 part salary as manager in Spain. OBITUARIES Jack Shear Jack Shear, 51, a shipper for Warner Bros, in the Cleveland exchange, died November 3rd of a heart attack. Mr. Shear was a charter member of Film Exchange Employees B-5. Joseph P. Filion Joseph Philas Filion, 69, motion picture censor for the city of Montreal, Canada, died November 6th of a heart attack while alone in his office. Mr. Filion, an actor, retired from the stage in 1930. He was appointed Montreal motion picture censor in 1930. John Rappold John Rappold, 54, who, with his brother George E., operated the Innis and Ideal, Columbus, Ohio, suburban theatres, died at his home there November 8th. Joseph Krause Dies Joseph J. Krause, 50, who managed theatres in Milwaukee and in Los Angeles died November 15th in Milwaukee. Mr. Krause was identified with the old Empress and Gayety theatres in Milwaukee for 25 years. Si Rudnick Si Rudnick, 46, stage employee at the LoewPoli, New Haven, for the last 10 years, died in New Haven of a heart attack November 8th. Harry Hondorf Harry Hondorf, 55, manager of the Wayne theatre, Wayne, Mich., died there November 5th of a heart attack. He was better known in the distribution field, and was head booker for Pathe about 1920, later becoming booker and salesman for Favorite Films, Monogram, Republic and Monarch Pictures. Lee MacEwen H. Lee MacEwen, 53, formerly in charge of the WLW news room in Cincinnati, and more recently writing copy for the news rooms of WHAS and WAVE, Louisville, died at his home in Cincinnati November 9th. Mrs. Margaret Rahilly Mrs. Margaret Coyle Rahilly, 53, a member of the Pennsylvania State Board of Motion Picture Censors until 1938, died in Philadelphia November 7th. Bill Bennett Bill Bennett, 43, formerly connected with Associated Theatres Circuit as manager of the Union Square theatre, Cleveland, died at the home of his mother in Akron November 10th. Alfred Alschuler Alfred S. Alschuler, theatre architect, died in Chicago November 9th. Henry E. Jewett Henry Eric Jewett, retired actor and theatrical producer, died at his home in Scarsdale, New York, November 8th. Mr. Jewett was a son of the late Henry Jewett, who for many years managed the Jewett Players and the Boston Repertory Company. He was 55.