Variety (Dec 1948)

20 PICTVBKS TTedneHtlay, December 1, 1948 Ops from Film Row NEW YORK Saul Krugman named assistant eastern sales manager by Eagle Lion. He starts new spot Monday (6) with h.q. in Philadelphia under eastern sales chief Milton E. Co- hen. Previously, new EL sales exec was eastern district manager for Selznick. Walter Earl Davis, former Uni- versal salesmani named branch ! manager of Film Classics' Wash- I ington office. i George Horan, Warner Boston . branch: manager, takes over post I Regent. Grand Rapldai and Up- town i Detroit. Milton Overman, Eagle liion flack, takes oVef Chi territory along with his: Kansas City cover- age. Will continue to headquarter in Kansas City, Mo. Herb Crane, upped to manager of Essaness Southern theatre. Oak Park, 111., from assistant at Lamar. Encyclopedia Britannica Films have put out a 270-page correla- tion, linlFlng' 300 textbooks with EBF classroom sound films. Eddie Safir rejoins Republic Pic- tures as country salesman. Frank. Smith, veteran shovitman of New England district manager, in the midwest,' retires as head of recently vacated by F. D, "Dinly" rko theatres—Chicago division. Moore, resigned. Al Daytz, of Af- He was with RKO for 29 years, 22 filiated Theatres, Boston, succeeds vilh the Palace theatre here. Pre- Horan as branch manager, both, vious to that he \vas a legit com^ appointments effective Dec. 20. Two-day sales meeting, fir.st one honoring Ned Depinet since made prexy of RKO Pictures, concluded yesterday (Tues.) in N, Y. witli RKO distrib chiefs setting new Depinet sales drive to start Dec. 17. Meet was held, primarily; to set up this campaign and to name 11 district managers of RKO Pictures to serve as; drive captains. "Jxian of Arc" will spearhead this Depinet 1 pany manager. Jerry Shinback, ! moved here from Ohio^ last'year, becomes district head. Smith re- mains in charge of labor relations. drive. Eric Johnston. MPAA prcxy, Bo,,ipvard PITTSBURGH With Lou Gilbert off for Florida On indefinite sick leave, he's being replaced as manager of WB's Regent in East Liberty by Dave Smith, switching from Boulevard. Ray Laux moves up to manage the attended meeting Monday (291 as Depinet's guest. S. Barret Mc- Cormick and iTerry Turner also spoke at this, session. CHICAGO Frank Smith, ■ BKO Theatres' division manager in the Chicago territory? moves over into the newly created post of Chi rep- resentative for labor relations for the circuit. , ■ Switch is effective Friday (3) according to an an- nouncement In New York Monday (29) by S. A. Schwartz^ the chain's^ veepee and general manager. Jer^ ty Shinbach, assistant division manager, steps into Smith's old ipot. He'll supervise the Palace and Grand, Chicago; Orhpeum, Kansas City; . Virginia and Or- pheum. Champaign; Orpheum and Liberty, liTiew Orleans; Keith's and NiW YEAIft EVi fn'sii./' SUN. I>k3I J<in.1 Jan.! Sol Hankin, formerly with War- ner circuit here, promoted from sales berth in Monogram's St. Louis exchange to head company's Omaha office. Bob Dunbar, one-time WB sales- man here, returned after a year's leave on account of health as Des Moines exchange head. Sam Milberg arrived in Pitts- burgh from Detroit to take over the RKO sales duties in Erie territory; replaces Al Glaubinger, resigned. Jimmy Sippey, Screen Guild salesman, transferred to company's: Dallas branch. Made the mov« be- cause three-year-old daughter can't stand climate here. ..Louis Averbach, former Par city salesman: here who went to Phila- delphia recently as Earle . Swei- gert's assistant, transferred to^ Cleveland as. aide to Harry Gold- stein, Par district manager there. With assignment of Kenneth (Bud) Hahn to Harris Co. booking offiee, Joe Migliozzl^ assistant at J. Pi Harris theatre, becomes cirr cult's/relief manager; Frank Kun- kle movea'Up in>m Senator to his i spot. Frank A. Orban, Jr., Hoovers- ville and Cairnbrook exhib, re- elected Pennsylvania representa- tive. ■ BOB GESSNER'S SUIT OVER TORT APACHE' BKO Radio Pictures and Argosy Pictures, Inc., pirated his title, "Massacre," in the film "Fort Apache," author Bobert Gessner charges in a $200,000 ault filed in N.Y. federal court last week; Also named as defendants in the action jire Curtis Publishing Co. and novelist James Warner Bellah. According to the complaint, the Saturday Evening Post published a story by Bellah called "Massacre" on Nov. 22, 1945. Mag later sold the pic; rights to the yarn to Argosy, whereupon Gessner noti- fied the film company that it had no right to the title. Despite the fact that Argosy clinnged the story's label to"Fort Apache," Gessner claims the title, "Massacre," was wrongfully used in the picture's advertising. Originally written as a book in 1931, Gessner's tome was made into a film of the same name in 1934 by First National with Richard Bar- thelmess as its star. Besides the 200G, Gessner also wants an accounting of "Apache's" profits. Gessner for some years has been head of the dept. of motion pic- tures at; New York University and has written several other books. He: is currently in Palestine, on ieave from NYU, scouting material for a book, writing^ a film documen- tary, and lecturing at the Hebrew U. of Jerusalem. :; , Nov. Grossers i Continued from paK«.4 : Grinieff's Road to Rome Via a Hollywood Detour Jacques Grinieff, pic importer and financier, leaves New York for the Coast, Friday (3), to line up cast and director; for a film he'll make in Italy. . He expects to put it into; production in Rome early next year. Screenplay has been prepared by Hans Habe and Rudy - Mate, who have been working on it abroad. They are due in New York with it on the next arrival of the Queen Elizabeth. : Grinieff will .use tire he has ac- quired via various importing deals with American companies. ;He has set no release as yet. DALLAS Two Grand Prairies theatres the Texas and WingSj sold, to Sherman and Jerry Silverj Minnesota circuit operators. Dutch Williard named: manager of Prince in San Antonio,'operated by Southern Theatres Co.; comes from Varsity, Austin, Tex. James E. Gribble Phonevision Continued from page 3' (RKO) in a couple Of test dates was a highlight of the past month not only because the two pictures were so old but also since revenue rep- resented extra gravy for the distri- butor. Both were highly bally- hooed, with the pair, apparently luring completely new audiences. Whole batch of newcomers were launched the latter part of Nc vember. Both "Snalce Pit" (20th> and "Joan of Arc" (RKO) were definitely tabbed big grossers on basis of initial playdates for the former and preem showing of "Arc" In Nl Y. Another big box- office picture is "Three Muske- teers" (M-G) on basis of N. Y. and a couple of„other <lates. "Rogue's Regiment" (U) started out in Los Angeles as if it might be a hefty winner. "Kissing Bandit" (M-G) opened nicely in N. Y., hinting stout fu- ture possibilities. "Fighter Squad- ron'' (WB), while not so big in N.' Yii was sock elsewhere. "Blood: on Moon" (RKO), which showed enough to place as a runnerup, looks like a solid grosser. "Gotta Stay Happy" (U) played three weeks at N. Y, Music Hall but was not too exciting; on this initial date. "Unfaithfully Yours" (20th) went through much the same experience although liked by many ■ crix. "Return: of October" (Col) has not shown much to date. "No Minor Vices" (M-G) thus far has been in a minor key.' "Red Shoes" (EL) has been showing great strength on the first batch of dates, being capacity or close thus far in N. Y. "Moonrise" (Rep) continues: to do nice busi^ ness on scattered dates.' "Belle Starr's Daughter" (20th) has not : done: much; thus far, "Northwest Stampede" (EL) still is taking'in solid coin. "Gallant Blade" (Col) has man- aged comparatively better money outside of N. Y. than in Manhat Anti-ASCAP Decision Stayed Against All Bnt Brandt Group of Indies Surprise consent agreement be> tween the Harry Brandt group of exhibs and the American Society of Composers, Authors & Publish'- era this week has freed the So- ciety,, temporarily, from the effect of an injunction which would have restrained it In blanket form from collecting license fees on theatres. With the okay of Milton C, Weis- man, attorney for 164 suing exhibs, ASCAP has obtained a limited stay of the injunction from the U. S. Circuit Court. One limiting provision of the stay is that it will not apply to the 164 plaintiffs in the action. So far as they are concerued, ASCAP and its members. agreed not to make any move now or hereafter to col- lect seat taxes accruing during pendency of the current' appeaL; from the decision of Federal Judge Vincent L. Leibell. As to other exhibs, ASCAP will not be able to sue for license fees or to force collections in any Way. However, the Society may grant licenses to theatre nten who so de- sire them without being held for contempt of court. Court was told by ASCAP lawyers that some ex- hibs have shown a willingness to- make these deals. Agreement, apparently, was reached just before Weisman and former Secretary of War Robert P. Patterson and Louis (Schwartz &) Frohlich attorneys for ASCAP, prepared Monday (29) to battle it out before the three-judge circuit court «n the question of a stay pending appeal. Meanwhile, Brandt group has countered with an appeal of their own. It has asked the court to re- verse Judge LeibeU's denial of an tan. "Hollow Triumph" (EL) is I application for triple-damages in proving a substantial moneymaker. were skeptical, fearing that tew set owners would pay, for shows when others, sponsored by. adver'. tisers, were available free. How- ever, a good many of the company chiefs were enthusiastic, some go- ing so far as to feel that the sys- tem; or; one like it, might be' the savior of the production end of the industry. As the latter group view it, Hol- lywood would make special fea- south Texas representative for Eagle Lion, sue- | ture7lEor'\dd"eo.''Each "one "would ceeds J. W. Loewe as branch man-j be heralded by widespread pub ager here. Loewe goes into biz I jj^^it ^nd advertising for himself. J. D Bickley, owner of Rita, Blue Ridge, Tex., sold it to E. P. Webb. 1 James A. Prichard named dis- I trict and branch manager of Mono- I gram exchange heJ:e, succeeding Lloyd Rust. ; L. E. Nulley named east Texas 1 salesman for National Screen Serv-' ice, succeeding William E, Mick, resigned. Nulley was formerly cashier for NSS. Gene Hendon re.signcd as secre- tary-treasurer and general mana- ger of We.st Texas Amus. Co.. Inc., of El Paso and disposed of his; holdings in the corporation to his associates, C. C. Dues and Henry Sorenson, Everett Lee Collins, wiil succeed Hendon; campaigns. They'd announce, for Instance, that "Feature X" will be aired Thiurs- day night at 8 p.m. and a charge of $1 per set will be nriade. Any- one desiring to see it would be ad- vised to notify the: phone company. 'I'heoretical Gross Thus, come Thursdav night, per- |haps 10,000,000 sets would be tuned to "Feature X." Take would be 810,000,000, which would be split between the phone company and the producers giving the latter:^ a very hand.some profit. .That, of course, is the broadest possible outline of the idea which, film execs have in mind. It prob- ably would be nowhere near as simple as that because of time dif- ferentials throughout the country, and lots: of technical problems and charges tor personnel, facilities and equipment involved in airing a McCarthy, Mayer a— Continued from p«gc; I jbbbbII come exec assistant to Darryl F. Zanuck, 20th-Fox production chief, in; Hollywood. Van Dee subs for Frank; McCarthy's aide, Rupert Allen, who is,also quitting. John, McCarthy's new duties will differ little from those he has had since joining the MPAA as as^^ sociate managing director of the foreign office in January, 1947. Mayer has been in Europe much of the time, with McCarthy subbing for him. , McCarthy, a Harvard law ; grad in '35i was assistant general counsel of Johnson & Johnson, surgical supply house, and then v.p. of At- lantic Diesel Corp., one of its sub- sids, before the war. He served in the Navy as a lieutenant-com- mander in the exec office of the Secretary. Mayer was with the State Department before joining the MPAA. Van Dee, who was with Export for about two year's, was formerly with the Office of War Informa- tion in England. He Was in the Royal Canadian Air; Force during the war. cash and an allowance of lawyers' fees against ASCAP. Have YOU tried a SKYBERTH on American's famout DC-6 ^MERCURY- flight to LOS ANGELES? PhoM HAytmeytr i-IOOO or your travel afl , TicH:«(Offic»j; Aifl/nes rermJndf , JocksfeWef Center • Ho»e/NewVorHer 120 Broae/woy • Hofe/Sf. Geoffle AMERICAN AIRLINES Quiz Justice Dept. Continued from page 3 ,4 ENGINED VOOUCtAS AIRLINERS MINNEAPOLIS George McCall back with "Street , . , „ . , - , Corner" for picture's second road-1 Picture. However, it does seem to MIAMI $50 Call BRyiuit SKYCRUISES. INC., Air Travel Agency Hotel Diplemaf, 108 W. 43d St.. N.Y.C. f Ok the C OceaH...M\m\ BEACH : show engagement here, this time at Grand, after successful tours of Black Hills and Worthmore cirr cuits' houses. "Hy" Chapmanj Columbia branch manager, taking extended absence, leave to recover health. Ben Mar- cus, district manager; will super- vise local exchange while he's: away. Litigation threatens here in eon- sequence of new clearance set.-up. Disgruntled independent exhibi- tors are on the warpath, charging some distributors play ; favoriteiSi Louis Schwartz, counsel for Rich- field, served notice on five ex- changes that unless they make 28- day availability deals he will file suits seeking such clearance. ,Ioe Floyd, Eddie Ruben theatre- partner at Sioux Falls, S. D., off to Mexico for vacation. many, of the industry toppers, pend: ing ' further: study, a very accepta- ble: Compromise between regular theatre exhibition and pure tele- vision for' which the viewer makes no payment. It would still leave as a major problem the future of the exhibition and distribution end of-the bu.siness. . How many times a picture would be aired by the, same station.or in the same area, scales of prices to be , charged, whether a film could play both video and regular houses, legal and anti-trust questions, and a myriad of other problems con- cerning the whole idea are still in the future. Not too much so; how- ever, it became evident in McDon- ald's statement that the subscrip- tion service would be operating in the Chicago area within six months. liminary FCC soundings before talking terms with the network. Reportedly. Coy has remarked to several : filmites who have np-l preached him on the question tliati his curbstone impre.ssion i.s con-1 trary to a films-tele tieup. Coy, it's said, believes the two field,s mutu- ally exclusive since they actlially are competing media. ,He fears a throttling of video by film com-1 panics if they are permitted lo bid! for control of large numbers ofl stations, j However, Coy has tabled his own personal impressions until he gets the word on the legal aspects from the Dept. of Justice. That branch of the Government is the traditional authority on interpretation of Fed- eral statutes and powers of Gov- ernment-created boards. Besides 20th, Paramount and a number of its theatre partners are now seeking station (jkays. Includ- ed among the partners are the In- terstate circuit, United Detroit the- atres and New England theatres. BLIGHT FANTASTIC \V.I11): sincere: underataiKllht; of the; miUIp eflorlfl of ,tlie WCTU, 1 take tlie lllieily ct lntlotlucl«(r "BUGHT FAN- rA.s'ric," a revdlllnjf lliiie flRuiiiie In f.i\ hideous colours. K«ainnti>pil (o fliiyc you to. drttiJt. , Tills <'liai1i«lej'i' tlioUKli obnoslous, )a .a work of art, hanil done aiva i'n.divi(Iuiilly n\linl)preil t6 , Rii.iure .. Its ,:;«ji.clu«ivcnesa. , Wlien ^'I^lifflit'.' . Btantla on ' ytnir .'d.esk' and Just looka . Btiipld at youV ! . . .. a'perfect pniti- Moniil oullot. BF.lOH'r FANTASTIC IS flvslMied to piny a rreat role In your Ijfe and It your aenso of hamoUi' la kuili thnt you can take tlila eort of thing, then ;i, suKKest'you wflte. ifov Ihi- FA.N'TA.STTC RBBORT: wliioh will inC'Uide im Order Prdforehcf: foriA an,! numhei, tauae "Blight" 1« limited et 100(1 oiily. , .Tarlll,: .,$i(;oo.' ' .SeHd . no riioiiey. please, but do ;Bend for tHe FANTA.STIC RISPORT. ■ RGM Ltd. p. O. Box 2162 Boston h, MaiiachuMtli NowSpecialidng in Refreshment Service for ; BRtVE-IN THEATRESy