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Weflnesday, Scplembrr 29, 1948 PICTUBES 31 MINNEAPOLIS (Continued fxtaa page 14> N»l $6,000. Last week. "Walls Jericho" (20th) (2d wk). $5,000. Cm^tt (Par) (1.000; 40-50)— "Montana Mike" tUA) and "Ex- Chatop" (Indie) .(leijnues). Ught *3 000. Last week. "Strawberry Roan" (Col) and "Blondie's Re- ward" (Col) $3,800, Lyric (Par) (1.900; 50-70)—"Life With Father" (WB) (3d wk). Still forle at $5,000 after nifty $6,000 preceding canto. Radia City (Par) (4,400; 50-70)— "Pafe With Judy" (M-G). Fine $18,000. Last week, "Two Guys Texas" (WB). good $15,000. BKO-Orpheiuu (RKO) (2,800; 50- 70»—"Rachel and Stranger" (RKO) MUchum given equally proiaiiient billing in ads with Loretta Young and Robert Holden. Great $16,000 or over. Last week, "Black Ai- row" (Col), okay $10,000. ItKO-Pan (RKO) (1,600; 50-70) w-"Conunandos Strike at Dawn" (Col) and "Invaders" (Col) (reis- sues). Very good at $8,000. Last week, "Bring 'Em Back Alive" (RKO) (reissue), nice $8,000. - ' State (Par) (2,300; 50-70)—"Ab- bott-CosteUo Meet Frankenstein" (CI. Big $12,000. Last week. "Forever Amber" (20tb) (2d run), $9,000. Uptown (Par) (l.OOO; 44-60)— "Key Largo" (WB)-(2d run)^Good- $4,000. Last week. "Easter Parade (iVI-G) (2d run), $4,500. World (Mann) (350; 50-85)—"The | Search" (M-G) (5th wk). SUll strong at $3,000. Last week, big $3,800. K.C.(mM Side But OK $Hooo; lareeny' No Prize 13G Kansas C^ty, Sept. 28. Lighter' week in store for thea- tre row with trio of holdovers and only, moderate strength in the newcomers. "Pitfall": at Midland Is out in front, with steady if not big session. "Larceny" at Tower- Uptown-Fairway is the only other newcomer barely average. "Rach- el and Stranger" continues solid at .Orpheum in second week while i "Canon City" rates third round at Boxy. WeaOier ii nonnal. Esttauics tmr TUa Week Es«nire (Fox Midwest) (820; 49- 85)—"Eyes of Texas" (Rep) and i "Village Bam Dance" (Rep) and Issue). Pleasing $4,000. Last week. '•Buck Privates" (FC) and "South of Tahiti" (FC) (reissues), dim $2,- OQO in five days. Midland (Loew's) (3,500; 45-65) "Pitfall" (OA) and "Black Eagle" (Coiv. Moderate $14,000. Last week. "Date with Judy" (M-G) and "Money Madness" (FC), nice $18.- 000 but below hopes. Orptaeom (RKO) (1,900; 45-65^- "Rachel and Stranger" (RKO>. and "Shanghai Chest" (Mono) (2d wki i Fine $12,000. Last week, fancv' $16,000. ' Paramount (Par) (1.900: 45-65) —■'Two Guys Texas" (WB) (2d wk'. Satisfactoi-y $9,000. Last week, I SI.tOOO. Roxy (Durwood) (900: 45-6ri i—' "Canon City" (ELI (3d wk) Siir-, prised with staying power to gain ] extra run. Fair enough $2,500. ■ Lasl week, over house average at fine $3,500. Southtown (Elmer) (900; 451— Monsieur Verdoux" (UAi. Played four days, only spot which Chaplin njm could get for local showing. S>fcimpy $500. Last week, .stibse- qiient-run. Tower - Vpiown - Fairway 'Fox Midwest) (2.100. 2,043, 700. 4.i-65i —•"Larceny" (r). Mild S13.000. Last week, "Peabody and Mer- uiaid" (U). very thin $9,000 in 6 da.vis. SAN FRANaSCO (Continued from page 15) Heaven" (UA). Thin $8,000. La>t' )veek, "Hollow Triumph" (KLi; Ud wk). okay $7,500. ataeedoor (Ackerman^ (350; 60-' The Search" (M-Gi. Strnngi 54,500. Last week. "Great Mr. ■ "andel" (Indie) and "Tuttles of I lahili" (RKO) (2d wk). fine $2,200. i Esquire (Blumenfeldt '955; 5.5- .Pa~Z-°^ Love of Marv" (U) and Kobm Hood Monterev" (Mono),' Ver>' mild $7,000 or near. La.st week, "Peabody Mermaid" <U) and Midnight" (EL> (m o.) (2d wki. S3.600. ^ Isarkin (Roesner) (400; 65-«5i— Lost One" (Col). Trim S2.500 ffst ,)yeelr. "Life, Loves Rem- brandt" (FC) and "Don Juan" U'Li (reissues), $1,400. Tnlted Nations (FWC' '1.149; 60-8o^—"The Pearl" aHiOi and Mine -Own Executioner" (20th). Fine $6,500. Last week, "Bland- mgs Dream House" (SRO) (m.o.) (5th wk), nice $3,500 in 6 days State (Par) (2,133; 60-85)—"Man Godfrey" (U) and "Pardon My Sarong" (U) (reissues). Good $6,000. Last week, "Corvette K- 255" (U) and "Wings Over Hono- lulu" (U) (reissues), $7,000. 'UNER' SOLID 125,000, PROY.; mPE mm 8G Providence, Sept. 28. State's "Luxury Liner" is hitting the top of the heap this week with not too much conipetition. In sec- ond week RKO Albee's "Rachel and Stranger' still is sturdy. "Escape" is barely okay at Met. Estimates f»r This Week Albe«; (RKO) (2,200; 44-65)— "Rachel and Stranger" (RKO) and "Daredevils of Clouds" (Rep) (2d wk). Peppy $14,000. First week was sock $18,000. Carlton (Fay) (1.400; 44-65t— "Two Guys Texas" (WB) and "Train to Alcatraz" (WB) (2d run). Fair $4,000. Laist week, "Abbott- Costello Frankenstein" (U). and "Blackmail" (WB) (2d run) (2d wk), good .$3,500. Fay's iFay) (1,400; 44-65)— "Wonder Who's Kisnng Her" ('20th)-and-vaude on .stage Lively $7,500. Last week, "American Empire" (Mono) and vaude; $8,000. Majestic (Fay) (2,200; 44-65)— "Life with Father" (WB). "Back at pop prices, fai£l]r good $10,000. Last week, "Two'Guys Texas" (WB) and "Train to Alcatraz" "WB), sna]H>y $14,000. Metropolitan (Snider) (3.100; 44- 65>—"Escape" (20th) and "Golden Eye'' (Mono). Barely oke $8,000. Last week, "Babe Ruth Story" (Mono) and;*'Music Man" (Mono) (2d wk), nifty $12,000. State (Loew) (3,200; 44-65)— "Luxury Liner" (M-G) and "Big City" (M-G). Solid $25,000, Last week, "Pitfall" (UA) and "Man from Texas" (EL), $22,500. Strand (Silverman) (2,200; 44-65) —"Isn't It Romantic" (Par) and "Waterfront at Midnight" (Par). Opened Monday. (27). Last week, "Beyond Glory' (Par) and "Tropi- cal Masquerade" (Par) (2d wk),. good $8,500, 'Innocent'-Vaude Meek $22,000, Top D.C Coin Washington, Sept. 28. E xh i bs in niidtown sector blame: it on the weather this, session, but there's an obvious lull here. Lack of sock product is partly to blame. TBest bets are holdovers. "Rope" at the Warner and third stanza of "Good Sam" at RKO Keith's. "In- nocent Aflair" with vaude looks on dull side, at Capitol. Estimates for This Week Capitol (Loew's) (2,434; 44-80)— '•Innocent Aflair" (UA) plus vaude. Sluggish $22,000: Last week, "Evil ]\Iv I-ove" (Par) witli vaude, thin $19,000. ■ • Columbia (Loew's) (1563; 44-80) —"A & C Meet Frankstcin" (U) (ni.o) (3 da\s) and "Amber" (20th) imo) 14 davs). Mild $5,.500. Last v\eek. "Foreign Affair" (Par), ^iturdy $8,500. Keith's (RKO) (1,939; 44-74)— "Good Sam" (3d wk). Stout $10,- 000. with Cerdan-Zale fight pix lielping Last week, good $13,000. Metropolitan (WB) (1,163; 44-70) —"Night of Love" (Col) (reissue).; Okay $6,500. Lasl week, "Four Faces West" (UA), modest $7,000 and below expectations. Palace (Loew's) (2,370; 44-74)— "Amber" (20th) (2d run) (3 days) and "Luxury Liner" (M-G) (4 days). Hard to predict draw of the Metro musical, brought in after "Amber" disappointed: return at, pop prices. Combo looks about $12,000, very thin for this house. Lasl week, "Abbott-Coslello Meet Franken- stein" (U), slow $15,000 Playhouse (Lopert) (432. 55-85) —"Escape" (20th) (3d wk). Nice .S4.000 after strong $5,000 last week. Warner (WB) (2,154; 44-74)— "Rope" (WB) (2d wk). Town's; bright spot, holding at strong $16,- 000 after sock $20,000 opener. 'Affair' Hot 16G, Mont'l Montreal. Sept. 28. Biz shapes solid at mo%t spots this session, with three theatres in holdover.. Standout newcomer is Palace's "Foreign Aflair." EstiiUates for This Week Loew's (C.T.t (2,855; 40-65)— 'Emperor Waltz" (Par) (3d wk). Good $14,000 after Strong second at $17,000. Capitol (C.T.) (2,412; 34-60)-^ "Silver River" (WB) (2d. wk). Fairish $11,000 following very good $16,200 first week. Palace (C: T.) (2,025; 34-60) — "Foreign Affair" (Par). Solid $16,- 000. Last week, "Up Central Park" (U), fair $12,700. Prineeaa (C.T.) (2,131; 34-45-60) —"Key Largo" (WB) (3d wk). Okay $9,000 after fide $11,500 second week. Imperial (C.T.) (1,839; 26-34-45) —"Raw Deal" (EL) and "Who KUled 'Doc' Robbin" (UA). Nice $9,000. Last week, "Meet Me Dawn" (20th) and "The Counter- feiters" (20th), good $6,000. Orphean (C.T,) (1,040; 26-34-45) —"Bring 'Em Back Alive" (RKO) (reissue) and "Mystei-y in Mexico'' (RKO), TaU $5,500. Last week, "Girl .Tisa" (WB) and "Light- house" (Indie), $3,300. PeDDant Fever lips Hsb; 'Rope'Hangs High 28G, 'Ermine' Rich at 26€ Boston, S^pt. 28. Biz remains at a high level here this week despite baselKtU fever, most downtown spots making good takes via evening crowds.; "Rope*' is on top at the Met vvith big frame "Two Guys from Texas" looks staunch at : Paramount and Fenway. Others are mostly hold- over, but fairly strong with "Rachel and Stranger" at the RKO-Boston standout. Estimates for This-Week 1 Astor (Jaycox) (1,300; 90-$2.40) —"Hamlet" (U) (eth) wk». Picking up to about $14,000 after $13,000 last week. Boston (RKO) (3.200; 40-80)— "Rachel and Stranger" (RKO) and "Train to Alcatraz" (Rep) (2d wk). Neat $18,000 after sock $24,000 first. Exeter (Indie^ (1,000; 45-75)— "Olympic Games" (EL) and "Code Scotland Yard" (Rep) (3d wk). Nice run here with blowoff $4,000 aft^r about $4,500 last. Fenway (M-P) (1,373; 40-80)— "Two Guys Texas" (WB) and "Sons of Adventure" (Rep). Okay $7,- 000. Last week. "Northwest Stam- pede" (EL) and "^Spiritualist" (£L), $6,000. Memorial (RKO) (3,000: 40-80)— "Lady in Ermine" (20th) and "Fighting Back" (20th). Second week began. Monday (27) after fine $26,000 in first. Metropolitan (M>P) (4.367; 40-80) —"Rope" (WB) and "Winner Take All" (Mono). Strongest item in town at big $28,000. Last week, "Luck Irish" (20th) and "Gay In- truders" (20th). $22,000. Or^hcnn (Loew) (3,000; 40-80)-^ "Loves of Carmen" (Col): Begins today (28). Last week, "Luxury Liner" (M-G) and "Gentleman from Nowhere" (Col) (2d wk-4 days), $10,000. Parameiuit (M-P) (1,700; 40-80)— "Two Guys Texas" (WB) and 'tSohs of Adventure" (Rep). Standard $15,000. Last week, "Northwest Stampede" (EL) and "Spiritualist" (EL), $13,000. State (trf>ew) (3,500: 40 - SO)— "Loves of Carmen": (Coll. Begins today (28). La.st week. "Luxury Liner" (M-G) and "Gentleman from "Nowhere" (Col) (2d wk - 4 days), $7,000. Majors Unworried Over Anti-Trust Suits, See Jury Trend in Their Favor Indie Presses Trust Action After Fortune Mag Spotlights Case Chicago, Sept. 28. Weldon'-Allen, operator of the Grove theatre, Galesburg, 111., whoS'e claim of monopoly : again.st the majors received wide attention following'an airticle in the August issue of' Fortune • mag, . is now carrying through by preparing a $315,000 treble-damage anti-trust case. Allen, has turned over his claim to Seymour Simon, Chi at- torney who was formerly active as a Justice Dept. lawyer in the Gov- ernment monopoly suit. Simon is readying a complaint which will seek $63,000 damages for each of three years. In the For- tune piece, Allen was sympathetic cally porfaFayed as ' a • smalltown indie flighting the giant chains. . A&C Ink With Nassour - For Two Indie Films _ Holly wood J5ept,_2J. . Abbott and Costello closed a deal with Edward Nassour to make two indie films in addition to their current commitment, "Africa Screams," which rolls Oct. 25 for United Artists release. First of the«two pix, still un- titled; calls for the two zanies to play archeologists in a lost city in-^ habited by dinosaurs, and other- prehistoric: monsters. - : RKO Theatres t Despite the fact that the total amount of damages filed against « the majors by indie exhibitors,now.: totals over $45,000,000, the film; > companies have shoved, the dam- age suits to the back of their cur- rent crop of worries. Possibility still exists, of course, that they'll lose some of the cases but. recent examples have shown a definit* swing to their favor by juries de-f ciding the suitSj according to in- . dustiy legalites. Attorneys point out that despit* - the steady: increase in the numlier of suits being, filed, only two t» date have been decided in favor of ' cxhibs. Those were the Goldman case in Philadelphia and the Jlack-. son Park suit in Chicago, both of . which were decided by court i decree and not by jUPy, According ': to one industry attorney, When tha : majors get a chance to 'argue he^ fore a jury, fhey can prove thie ex- : hibs are only trying to "gouge"... them. ■■ This attorney, who's general .;, counsel for one of the Big 5 but der : dined to be identified, expressed ; the oirinion ttiat most exhibs hava ' little basis for asking relief in their damage suits. They're mostly dis- gruntled theatre operators who sea -product-being sold-away-from-thent— j under provisos of the Goverii-. ment's anti-trust suit against tha. majors. Following decisions in tha Goldman and Jackson Park cases^ they think, they've hit on a good method of nicking the majors for monfiy, he said. File $l,tOt.«M Suit Boston, Sept. 28. Abraham vand Samuel Garbosa - . of Gardner, Mass., and Jacob Gar- hose of Atholy Mass., filed suit here last week for $1,000,000 damages against :.19 film . distribs. <, They claimed In Federal court : they were prevented from exhibit- : ing certain films beyond normal : clearance in theatres owned or controlled by the defendants in '; violation of the Sherman" antl-' ^ trust law. Named In . the complaint ara George A. Giles Co.; Triniount Theatre, Knc.; Maine and New Hampshire ■ liieatre Co^; Maina and New HampshireTheatre Co. of Massachusetts; M;^ P., New England Theatres. Inc.; Keith Massachusetts Corp.; RKO Thea- tres, Inc.; Loew's Bo8t(^ Theatres.' " Inc.; Paramoant, Loew's 20th-Fox, Warner Bros,, RKO, UA, Uni- versal, Cdlumbia, Republic and Monogram. 'Yankee' Lofty $16,000, Toronto; 'Rachel' 14G Toronto, Sept. 28. Arrival of fall weather is boost- ing attendance^ at theatres here. On third week. "Oliver Twist" remains the sturdy topper at Odeon. "Southern Yankee" at Uptown and "Rachel and Stranger" at Shea's look ace newcomers. '"Olympic Games," shapes, solid at. Danforth. Estimates for This Week Danforth (Odeon) (1.240; 36-60) —"Olympic Games" (EL). Solid $6,000. Last week. "Against the Wind'' (F,L), about same. Imperial fFP) (3..173: 3(3-66)— "Beyond Glory" (Pari. Okay $14,- 000. Last week. "CoioiH'r Creelc " (Col), so-so $10,500 Loew's 'Loew) f2,096: 36-66)— "Time of Life " (UA) Good $!2.0(>0. Last week, "Date with Jiidv" (M-ti i, fair $9,500. Odeon fRank) (2.190,- 35-.$1.20)— "Oliver Twist" (EJ>t. i3d wk). Ter- rific $20,000 or near after last I week's $21,000. . Shea's (PP) (2.386; 36-66)—"Ra- chel and Stranger" (BKO>. Big '814,000. Last week, "Emperor , Waltz" (Par) f3d wk), $9,000. ■ I TivoH (FP) (1,431; ,36-66)—"Life IWith Father" (WB) i2d wki. Satis- factory $7,500 after good $9,000 last week. Uptown (I^w) (2,743; 30-66)— ["Southern Yankee" (M-Gi. Sock I$16,000, Last week, "Pitfall" (UA), 'okay $10,500. , Victoria (FP) (1,260. 36-60)— ["Search" (M-G) (2d v.k). Satisfac- tory *5,500 after excellent $7,500 . opener. lieved being worked out by Hughes^ while his reps at the same time are having talks on sale of the theatres. The. whole thing will then be in- tegrated and presented to the stockholders at the annual meet- ing, so that they will know at that time exactly how it all stacks up and can vote on it. Approval of two-thirds of the stockholders is necessary to make a major change in a corporation.. From Depinet't viewpoint, more or less divorcement of theatres from production and distribution is inevitable and this is as good a time as any to unload. Further- more, he feels that with divorce- ment, competition will so: increase that the production-distribution end of the . tnisine;^ will become much ^nUKre profitable;. . . Theattes Damlnantly Profitable The. production-distribution side Hollywood, Sept, 28. of the major integrated companies Scripting activity on the Repub- is now in the red or close to it, lot slows down to a walk thia with the heavy profits coming from 1 iveek with only three writers on the theatres. Depinet feels that | the job. Usually the studio'* divorcement will create compcti-, literary mill has 10 scribes at live demand for products which work and sometimes as many as 15. Only 3 Scribes Work Id Reiniblic Sbwdown will completely change that situa^ tion, so that the production-distri bution end gets an equitable share of the boxotnce dollar. This is a Trio currently - thumping type- writers are Al de Mond, on ^ "Law of-the Golden West;" Bob Wil- liams on "The Sherilt of Wichita," simple necessity to encourage pro-' and Norman Hall on an untitled diiction of the films which the the-; story to be produced by Stephen atres must have to stay in businessv ^Auer. Also confirmed by Depinet was i . . - ; ■ ■ . the RKO shift to distribution of a Jq^h Patrick's Coast greater number of independently-, made pictures. Studio will con-j tinue to make some product itself. I but there will be a blend of these films with the indie-productions. Huddle With Goldwyn John Patrick flew to the Coast last week for a few days' confaljs on the possibility of doing a screen Hughes, Depinet pointed out, has treatment of "Earth and High always been sympathetic to the in- Heaven" for Samuel Goldwyn. He dies, having; been one himself for recently completed' the script of years. He also realizes that indies "Enchantment" for the producer often bring in properties or stars and, as he did in that case, wotild that would not be available to the studio itself. In RKO's first indie production deal sinoe Hughes took over—^and one which he is reported to have negotiated himself—Polan Banks is to bring Ann Sheridan to the studio lor three pix to be .pro- duced by Banks from bis own ! stories. Also reported was the pending , inking of a contract by Cary , Grant for five films at RKO on a profit - participating basis. Like- wise. Floyd Odium, previous con* trolling stockholder of RKO N. Peter llathvon, former prexy are understood in negotiation to do the "Earth" as.signmenl at his place at Suifern, .N^. Y. lie's return- ing east this week. .regardless. The author of "The Hasty Heart" completed a new script last, week;'. It's a contemporary comedy of un- di.sclosed title. He's put it aside lor a few weeks and will then re Writ* it. Vincent Sherman s Heai^* Hollywood, Sept. 2s. Warners assigned Vincent Slier* . man to direct the film ver.sioii.:of ' the John Patrick legit play, "TJm and Hasty Heart," at Elstree studios In England. Filming stai'ts when Sherman [make one film independently for winds up his current job, "Some- the lot. It is "A Woman's Pl.nce, I With Rosalind Ruiisell started. where in the City," on the BurbanVc lot.