Motion Picture Herald (Jul-Aug 1944)

Reserves Verdict On New Trial Plea fn New Haven Suit , Judge Carroll C. Hincks of the LJ. S. District ^ourt, New Haven, has reserved decision on the laintiff's motion for a new trial and to set aside ,he verdict of dismissal in the Prefect Theatres, Inc., $5,450,000 anti-trust suit against the major ompanies, after hearing argument by counsel. An nusual exhibit presented by the plaintiff in suport of its contention that sufficient evidence of onspiracy had been introduced to make it incumbent upon the jury to decide the case, whether : should find "nominal" or "substantial" damage, xns the interchange of off-the-record correspondence between one of the jurors in the hearing nd the judge. George A. Cromie, juror number three, addressed the judge three days after the directed erdict was entered, stating most of the jurors iad believed there was enough "documentary and ontributory evidence and common sense inference o prove conspiracy," and that they were shocked v hen directed to dismiss, and wondered what \ ould have happened if they had refused to follow he judge's instructions. The judge replied in a line-page letter, copies of both correspondence wing mailed to both counsel, that "under the law . . it was incumbent upon the plaintiff to estab-ish not only a conspiracy but also pecuniary damige as a result thereof." "However," he states, there is no reason why I should not say that I vas left with the impression, apparently like yourself, that there was substantial evidence for the : ury on that issue," i.e., conspiracy. The defendants opposed the motion for a new rial and to set aside the verdict generally and filed . motion to strike the plaintiff's motion and exlibits from the files, which they later withdrew, fudge Hincks asked the counsel to confer on the '>ossibility of his entering a ruling denying the plaintiff's motion but stating officially what he had written unofficially to the juror, that although in he judge's personal view there had been sufficient evidence of conspiracy, he still adhered to the view to damage had been shown. Stockholders Approve ->athe Lab. Merger [ Merger of Pathe Laboratories, Inc., New Jersey corporation, with the California corporation of I he same name, into Pathe Industries, Inc., an Ohio corporation, was approved Tuesday at a j.tockholdefs' meeting in Bound Brook, N. J. ' Also approved was the following slate of officers: Kenneth M. Young, chairman of the board; I. Stinson Young, president; Robert W. Purcell, j/ice-president ; Karl Herzog, treasurer ; M. M. A lalone, secretary; and C. L. Peckham and Arthur |3. Johnson, assistant secretaries and treasurers. The board of directors, likewise approved, will ronsist of the two Youngs, Mr. Purcell, Henry J. JSuild and Raymond J. Morfa. Two Cameramen Wounded In Normandy Invasion Three casualties, including one unnamed fatality, :w ere among the 16 British Army cameramen who were dropped by parachute in Normandy. Sgt. D. ST. O'Neill, formerly of Fox Photos, and Sgt. William Greenhaigh, former Pathe newsreel man, were wounded. Others in the group, which got film off for England before noon of D-Day, June 6, ,\vere: J. H. Mapham, A. C. O. Laing, A. M. Midgeley, J. P. Christie, W. N. Slague, D. W. Ginger, J. N. Johnson, H. Parkinson, I. J. Grant, R. Learherborrow, G. E. J. Laws, R. V. Watkins, A. C. Cross and P. F. Carpenter. Johnston Joins International John LeRoy Johnston was named director of advertising and publicity for International Pictures this week, succeeding Jack Mulcahy, resigned. Mr. Johnston goes to International from a similar post at Republic studios. Industry War Record Cited In Congressional Record A close-up of the war contribution of the motion picture industry was inserted this week in the Congressional Record by Senator George L. Radcliffe of Maryland. Submitting the report of the theatres division of the War Activities Committee for inclusion in the last number of the Record to be issued prior to the Congressional recess, Senator Radcliffe called attention "to the splendid work which is being done by the theatres of the country in connection with war activities." The WAC report shows that 16,432 theatres are members of the theatres division and, in addition to showing war pictures and news clips which are made available, last year raised nearly $8,000,000 for infantile paralysis, the Red Cross and United Nations Relief, a figure which already has been exceeded this year with $4,000,000 collected for infantile paralysis and over $6,000,000 for the Red Cross. Raw Stock Shows Sharp Increase Film production in 1943 reached a total of 546,000,000 feet, it was disclosed at the weekend by the War Production Board. Statistics regarding film manufacture, showing an increase last year of 30 per cent as compared with 1941, were given by officials of the motion picture section to the photographic film industry advisory committee. While excellent progress has been made in increasing the production of film it was said further increase in some types might be necessary to meet increasing military and industrial needs. Members of the industry committee urged that military programs be developed as far in advance as possible so that manufacturers of film might have time to plan production. Loew's Will Retire Bonds Of Cleveland Subsidiary Loew's, Inc., was to retire all of the bonded debt of its subsidiary, Cleveland Theatres, Inc., July 1 at par and accrued interest, according to an announcement by Edgar A. Hahn, Cleveland counsel for Loew's. The debt aggregates $1,500,000. It is secured by the State, Stillman, Ohio, Park and Granada theatres, all of which are operated by Cleveland Theatres, Inc. The obligations include about $150,000 in first mortgage bonds of the Stillman theatre plus $750,000 of first mortgage and generals, and first mortgage leaseholds of about $600,000 on other properties. Interest on the issues is five to 5.42 per cent. The five per cent generals will be paid at the Cleveland Trust Company, and the other issues at the National City Bank. Loew's, Inc., has a 94.78 voting control of the five theatres, according to Mr. Hahn. 20th-Fox Denies Charge In Title and Song Case . The suit by Maude Nugent Jerome alleging unlawful use of the title and song "Sweet Rosie O'Grady" in the Twentieth Century-Fox picture of that name, was answered in New York Federal Court Monday with a general denial, a request for dismissal of the suit, and an assertion that some of the words and music were used because the company was entitled to use them inasmuch as they were assertedly in the public domain. At the same time, the plaintiff, and Samuel J. Buzzell, and Jack Mills, associated in the complaint, were named Tuesday in a notice filed by the film company for trial examinations and stipulated to by the defense. Set Warner Trade Shows Ben Kalmenson, general sales manager for Warner Bros., has set national trade show dates for three pictures next month. "Mr. Skeffington" will be screened Monday, July 17. "Janie," first release of the 1944-45 season, and "Crime by Night" will be shown Monday, July 24. Appeal Board Modifies Award In Buffalo Case Modifying the award of Will iam Barrett, arbitrator in the Buffalo tribunal, in the Basil Brothers' La Salle theatre clearance case, the Arbitration Appeal Board June 23 in New York handed down its decision following oral arguments presented in May. The arbitrator had reduced the 35 to 30-day clearance of the Strand, Cataract and Bellevue, first run theatres in Niagara Falls, N. Y., over the La Salle, to 17 days. Basil Brothers had appealed the award, in Buffalo's 24th case, demanding a further cut to seven days, claiming that no substantial competition existed between the LaSalle and the first runs. The board found that competition did exist and that, therefore, first runs were "entitled to reasonable protection" of a maximum of 30 days' clearance over the LaSalle. It further based its decision on the fact that the "LaSalle's admission price is 20 cents less than that of the first runs and it has recently installed a parking space accommodating 200 automobiles, indicating an attempt to draw patrons from a much larger area." Intervenors were the Cataract Theatre Corporation and Buffalo Theatres, Inc. Costs were divided equally among the Basil Brothers, the five consenting companies and intervenors. The clearance complaint of G. L. Smith, operator of the York theatre, Los Angeles, against the five distributors was dismissed last Friday by Irvin Stalmaster, arbitrator, in the tribunal's 16th case. Mr. Smith demanded that the seven-day clearance of the Park and Franklin be eliminated and that the York be granted the same availability as other Los Angeles suburban houses charging the same admission prices. He also asked that the York be permitted to have 49-day clearance after Los Angeles first runs. The arbitrator found existing clearances reasonable. Intervenors were the East River Theatre Corporation and Laemmle Theatres. Hearing on the clearance complaint of the Groton theatre, New Haven, the tribunal's eighth case, before A. A. Rubicoff, arbitrator, will be continued July 10 and 11, it was learned Monday. A new clearance complaint was filed at New York Wednesday by the Stillson Realty Corporation, operator of the Cameo, Astoria, L. I., against all five consenting distributors, claiming the seven-day clearance granted the defendants over the Crescent in Astoria "unreasonable as to time and area." Complainant seeks the clearance eliminated. A new clearance complaint was filed last Wednesday at the Boston tribunal, the 35th case. The L.G.M. Memorial Theatre Corporation, operator of the L.G.M. Memorial theatre, Lowell, Mass., against Paramount and RKO, claims that its 30-day clearance after the Rialto, which follows Lowell first runs by 60 days, is unreasonable and asks that it be reduced to 28 days between first and second run and to 15 days between second and third run. Named as intervenors were the Strand, Keith's, Merrimack, Rialto and others. O'Bannon Is Promoted by Ross Federal Service E. C. O'Bannon, Ross Federal Service branch manager at the New Haven has been promoted to manager at Cincinnati, and B. J. Brooks, national supervisor for the New England area, has taken over the New Haven post. Mr. O'Bannon joined Ross in 1939 and in 1942 was appointed service manager. Obsolete RKO Tickets Go To Waste Collection Seven and a half tons of obsolete tickets were contributed by RKO theatres to New York City's waste paper collection last week. The change in the amusement tax law made it necessary for all theatres to destroy all admission tickets with the former lower tax printed on them. MOTION PICTURE HERALD, JULY I, 1944 29