Variety (December 1952)

PICT1JBKS Decemkr SAN FRANCISCO (Continued from page 8) week, “Wife’s Best Friend” (20th) plus vaude headed by Johnnie Kay, $38,000 with .scale upped to $1.50. Warfield (Loew’s) (2,658); 65-95) —“Everything I Have Is Yours” (M-G). Husky $17,000. Last week, “Plymouth Adventure” (M-G) (2d wk), light $11,000. Paramount (Par) (2,646; 65-95)— “Ride Man Down” (Rep) and “Hour of 13” (M-G). Okay $10,000. Last week, “Savage” (Par) and “Marry Me” (Indie), $11,000. St. Francis (Par) (1,400; 65*95)-— “Iron Mistress” (WB) (2d wk). Held at $9,000. Last week, socko $15,000. Orpheum (No. Coast) (2,448; OS- OS)—“Canyon Passage” (U) and “Frontier Gal” (Indie) (reissues# Mild .$7,000 in 6 days. Last week, “It Grows on Trees” (U) and “Guest Wife” (UA) (reissue), $9,500. United Artists (No. Coast) (1,207; 90-$1.20)—“Limelight” (UA) (4th wk). Holding at $6,000. Last week, nice $7,500. Stagedoer (A-R) (370; $1-$1.30)— “Quiet Man” (Rep) (5th wk). Sturdy $3,100. Last week, $3,200. Larkin (Rosener) (400; 65-85)— “Cabinet Dr. Calagari” (Indie) and “Last Laugh” (Indie) (reissues). Stout $2,100. Last week, $2,400. ‘BECAUSE’ OMAHA ACER, BRISK 8G; ‘MINE’ 6G, 2D „ Omaha, Dec. 9. Solid biz at first-runs here this stanza has downtown exhibitors happy. “Because of You” shapes best of newcomers. Top holdover is “Because You’re Mine.” “Blood- hounds of Broadway” is rated aver- age. ■ Estimates for This Week Brandeis (RKO) (1,100; 20-76)— “Springfield Rifle” (WB) and “Strange. Fascination” (Col) (2d wk). Okay $4,000 after fine $6,000 opener. Omaha (Tristates) (2,100; '20-70) —“Because of You” (U). Fancy $8,000.- Last week, “Plymouth Ad- venture” (M-G) and “Apache War Smoke” (M-G) $9,000. Orpheum (Tristates) (3,000; 20- 70) — “Bloodhounds Broadway” (20th) and ‘.‘Night Without Sleep” (20th). Average $10,000. Last week, “Pong Soldier” (20th) and ‘.‘Some- thing for the Birds” (20th), $9,000. State (Goldberg) (865; 25-76)— “Because .You’re Mine” (M>-G) (2d wk). Big $6,000 after $7,000 initial stanza. ‘Top’ Smooth $10,000, | Ruff.; ‘Zenda’ Trim 14G Buffalo, Dec. 9. Fi?st-run trade is holding re- markably well here this round. “Flat Top” shapes smooth at Para- mount while “Prisoner of Zenda” looks fine at the Buffalo. * ) Estimates for This Week Buffalo (Loew’s) (3,000; 40-70)— “Prisoner of Zenda” (M-G) and “Something for Birds” (20th). Fine $14,000. Last week, “Plymouth Adventure” (M-G) (10 days),- $13,- 200 . Paramount (Par) (3,000; 40-70)— “Flat Top” (AA) and “No Holds Barred” (Indie). Neat $10,000. Last week, “Savage” (Par) and “The Well” (UA), $11,400. Center (Par) (2,100; 40-70)— “Battle Zone” (AA) and “South Pacific Trail” (Indie). Fine $8,000. Last week, “Iron Mistress” (WB) (2d wk), same. Lafayette (Basil) (3,000; 40-70)— “K. C. Confidential” (UA) and “The Ring” (Lip). Trim $10,000. Last week, “Hangman’s Knot” (Col) and “Target Hong Kong” (Col), $8,500. Century (20th Cent.) (3,000; 40- 70)—“Steel Trap” (20th) and “Toughest Man Arizona” (Rep). Fairish $8,500. Last week, “Lusty Men” (RKO) and “Tembo” (RKO), $8,700. BALTIMORE (Continued from, page 9) Mayfair (Hicks) (980; 20-70)— ‘‘Pony Soldier” (20th) (3d wk). Starts third week tomorrow (Wed.) after fairish $5,400 for second. New (Mechanic) (1,800; 20-70)— “Steel Trap” (20th). Mild $6,000. Last week, “Bloodhounds Broad- way” (20th), $5,800. Playhouse (Schwaber) (430; 50- GO)—“Magic Box” (Indie) (3d wk). Okay $3,000 after second hit good $3,600. Stanley . (WB) (3,280; 25-75)— “Iron Mistress’ (WB) (2d wk). Drab $7,000 after $9,200 Opener. Town (Rappaport) (1,500; 35-70) —“Montana Belle” (RKO). Starts tomorrow (Wed.) after “The Thief” (RKO) got moderate $5,800 in one Week. ‘Zenda’ Tops Cincy With Fine $15,000; Trees’4|G, ‘Forest’ 8G, ‘Thief’ 10G Cincinnati, Dec. 9. Cincy’s cinema row is minus the 45-year-old Lyric this stanza, but outlook shapes up close to last week’s total. RKO Theatres is raz- ing the 1,400-seat Lyric. Current topper is “Prisoner of Zenda” in Albee with nice session. “Thief” looms okay in Palace. Close be- hind are “Tarzan’s Fury” in Grand and “Blazing Forest” at Capitol. “It Grows on Trees” is fairish at Keith’s. Estimates for This Week * Albee (RKO) (3,100; . 55-85)— “Prisoner of Zenda” (M-G). Fine $15,000. Last week, “Plymouth Ad- venture” (M-G), $14,000. Capitol (RKO) (2,000; 55-85)— “Blazing Forest” (Par). Pleasing $8,000. Last week, “Savage” (Par), $8,500. . Grand (RKO) (1,400; 55-85)— “Tarzan’s Savage Fury” (RKO) and “Under Red Sea” (RKO). Swell $8,500. Last week, “Turning Point”. (Par) and “Toughest Man in Ari- zona” (Mono), eight days, $7,500. Keith’s (Shor) (1,500; 55-85)— “It Grows on Trees” (U) and “Yan- kee Buccaneer’’ (U). Mil’d $4,500. Last week, “Pony Soldier” (20th), $ 6 , 000 . Palace (RKO) (2,600; 55-85)— “Thief” (UA). Okay $10,000. Last week, “Happy Times” (Col), $12,- 000 . ‘Rifle’ Hot 14G, Toronto; ‘Because’ Socko 10G, 2d Toronto, Dec. 9. Xmas shopping is denting mati- nee biz but night trade is okay. “Bloodhounds of Broadway” is top- ping the town with “Springfield Rifle” close behind. “Because of You” is lusty on second frame. Estimates for This Week Crest, Downtown, Glendale, May- fair, Scarboro, State (Taylor) (863); 1,059; 955; 470; 698; 694; 35-60) — “Battle'Zone” (A’A^ana “City of Violence” (Indie). Sad $10,000. Last week, “Black Castle” (U) and “Brooklyn Gorilla” (Indie), same. Eglinton (FP) (1,080; 40-80) — “Operation Secret” (WB). Oke $7,000. Last week, ‘.‘Cleopatra” (Par) (reissue) (2d wk), $5,000. Imperial (FP) (3,373; 50-801 — “Springfield Rifle” (WB). Hefty $14,000. Last week, “Caribbean’'’ (Par), $11,000. Loew’s (Loew) (2,748; 50-80) — “Prisoner Zenda” (M-G) (3d wk). Solid $11,500. Last week, $13,500. Odeon (Rank) (2,390; 50-90) — “Bloodhounds of Broadway” (20th). Big $16,000. Last week, “Lime- light” (UA) (3d Wk), $12,000. Shea’s (FP) (2,396; 40-80)—“Big Jim McLain” (WB) (2d wk). Fine $12,000. Last week, $14,500; University (FP) (1,558; 40-80) — “Snows Kilimanjaro” (20th) (Ejfh wk). Fast $9,000. Last week, $ 12 , 000 . Uptown (Loew) (2,743; 40-80) — “Because of You” (U) (2d wk). Socko $10,000. Last week, $12,000. ‘McLain’ Lively $15,000, " Mont’I; ‘Sky 5 Big 18G Montreal, Dec. 9. New entries in all but one de- luxer giving biz a boost after sev- eral weeks of holdovers and re- issues. “Night Without Sleep” at the Palace looks fair while “Big Sky” is pulling sock trade to -the Capitol. “Bjg Jim McLain” also is big at the Princess. Estimates for This Week Palace (C.T.) (2,626; 34-60)— “Night.Without Sleep” (20th). Fair $13,000. Last week, “Greatest Show” (Par), solid $18,000. Capitol (C.T.) (2,412; 34-60)— “Big Sky” (RKO). Towering' $18,- 000. Last week, “Sudden Fear” (RKO) (2d wk), $15,000. Princess (C.T.) (2,131; 34-60)— “Big Jim McLain” (WB). Big $15,- 000. Last week, “Crimson Pirate” (WB) (2d wk), $12,000. Loew’s (C.T.) (2,855; 40-65)— “Just For You” (Par) (2d wk). Fine $20,000 following rousing first week at $26*000. Imperial (C.T.) (1,839; 34-60)— “Apache War Smoke” (M-G) and “You for Me” (M-G). Dull $7,000. Last week, “High Noon” (UA) and “Dalton’s Women” (UA). $9,000. Orpheum (C.T.) (1,048; -75-$l)— “Don Juan” (RKO) and “Leopard Man” (RKO) (reissues). Okay $6,500. Last week, “Snows Kili- manjaro” (20th), big $8,000. 600G Bailing-Out Of Skouras Theatres Key To Indie Suit Ys. Loew’s By bailing out Skouras Theatres last September irom a “straitened financial position” through a cash payment of $600,000 and granting the chain improved availability to the detriment of an independent house, Loew’s, Inc,, violated New York State’s antitrust laws under the Donnelly Act, according to a suit brought in Bronx Supreme Court, Monday (8), by attorney Monroe E. Stein on behalf of the owner and operator of the.. Square Theatre, Bronx. Plaintiffs are Nathan V. Stein- berg, owner of the Square Theatre Bldg, for many years, and the 1948 Holding Corp., which has operated the Square since May 1, 1952. Named defendants aside from Loew’s are Parkchester Amus. Corp. (a Loew subsidiary). Para- mount Film Distributing Corp., United Artists Corp., Nicholas M. Schenck, Joseph M. Schenck, George P. Skouras, No. 26 Theatre, Inc., Skouras Theatres Corp,, Metropolitan Playhouses, Inc., and United Artists Theatre Circuit, Inc. From the time the Square opened in 1935 until Sept. 15, 1952, it’s asserted, Loew’s, Paramount and UA made their product avail- able to the Square, Interboro and Pilgrim (both- 1 of the latter being Skouras houses) on day-and-date availability. But this arrangement allegedly ceased when Loew’s granted the two Skouras outlets the same product break as the com- peting Loew’s American Theatre. Behind this improvement in the Interboro and Pilgrim availability, the complaint contends, wasn’t “any legitimate business reason’’ but solely because of pressures brought upon Loew’s and its Park- chestqr subsidiary by the various defendants and because of “per- sonal relationship and interests” of the Schenck brothers and George Skouras. Citing the close corporate asso- ciation between Skouras Theatres, Metropolitan Playhouses and United Artists Theatre Circuit, the papers claimed that all of these firms would have sustained, great losses if the Skouras loop and its subsidiary. No. 26 Theatre, Inc., had not been “saved from Insol vency” by fresh cash and trade concessions made by Loew’s. Cash payment of Loew’s, accord- ing to the complaint, has its origin in an anti-trust suit which Metro- politan Playhouses, Skouras Thea- tres and No. 26 Theatre, Inc., threatened to file against the film company. Although the Loew’s of- ficers are said to .have felt that the claims were without merit, they allegedly settled for “a sum in ex- cess of $600,000 by improving the availability of certain theatres operated by the defendants,” and tossed in other substantial con- cessions. Effept of all this, the suit charges, has been To restrain competition among the Square, Interboro and Pilgrim. Moreover, it’s claimed that the' asserted unlawful prac- tices have tended to create a monopoly for the Interboro and Pilgrim and force the Square out of business. Action asks that the court fix damages sustained and seeks an injunction to correct the disparity in availability and clear- ances between the three houses. NLRB Election Continued from pago 4 the initial pact. Deal involves ap- proximately^ 20 writers. Another action involving Local H-63 will take place today (Wed.) as the union makes a new attempt to brings the office employees of National Screen Service within its domain. White collarites at NSS will ballot noday under NLRB, supervision with the IA unit the only union represented. Last year the NSS staffers voted to remain unaffiliated. In an election held last week H-63 was certified as the bargain ing agent for staffers at the Co- lumbia exchange in N. Y. Con- tract for the new unit will be ne- gotiated during the overall talks for a new pact governing exchange fnontroom employees. Union’s de- mands already have been submit- ted to the pix companies. Andre Hakim and 20th-Fox have dissolved their producer contract in effect about two years. 2 More Met Operas Continued from page 4 from its roster of singers who are known • outside the operatic field. Thus, starring in “Carmen” will be Rise Stevens in the title role (who has done considerable home TV and concert work); Robert Merrill, as Don Jose, who has also been active in both other media, and Richard Tucker, as Escamillo. Cast- ing for the second two operas has not been completed. As. far as “Carmen” is concerned, the variance in scale apparently hasn’t affected ticket sales too much. Thus;.the Embassy Newsreel chain’s Guild Theatre, N. Y., has sold out its allocated seats at a $7.20 top, while other houses around the country which are not charging so much still have not sold half their availabilities. Some exhibitors reportedly have given the attraction considerable ad-pro- motion play, while the Guild has had only a lobby poster. Theatre TV presentation also received two plugs on the nationwide Saturday afternoon pickups via the ABC net- work of the Met performances. Latest count reveals that more than 30 theatres in 27 cities will carry the opera. While the total dossnot represent a record hook- up for big-screen events (it was topped by the recent Joe Walcott- Rocky Marciano heavyweight title fight), a new record would have been set if American Telephone & Telegraph lines could have been cleared. ' More than 20 additional thea- tres requested a tie-in on “Car- men,” but the AT&T longlines had been previously committed for net- work TV use. Among the cities which wanted the event but which must be excluded are Seattle, Port- land, Tacoma, Dallas, Houston, and Miami. avail themselves of the privilege) when and where the same are opened, but before there has been an award of the picture or pictures by the distributor and at no other time.” Competitive bidding section states that nothing should compel the distrib to accept an offer he considers inadequate and latter may reject all offers if he chooses. [However, distrib is required to serve a notice of rejection and a reason therefor. On the question of damages, the plan says that unless damages are claimed in the original complaint filed by the exhib, none shall be awarded. It states that if arbitra- tors make an award, they shall award a sum equal to the actual loss proved. If arbitrators find that the action is deliberate, the plans allow them to award addi- tional exemplary damages not to exceed the amount of the actual damages so awarded. Damages, it states, shall be limited to those sustained during the four years preceding the filing of a complaint, or during such shorter period of time as may be provided. by the statute of limitations of the state in which the complaint has been filed. Plans lists a detailed method by which to determine clearance, en- compassing such factors as admish prices, character and location of theatres, policy of operation, ren- tal terms and license fees, - extent to which theatres involve compete. Fact that a theatre involved is af- filiated with a distrib or with a chain shall be disregarded, the plan states. Any controversy re- garding clearances is subject to arbitration. If the arbitrators find in favor of the distrib, the com- plaint is dismissed. However, if the ruling gpes in favqr of the ex- hib, they can hand down a decision forcing the exhib to Resist from maintaining .such a system of clearance. See Hub Sellout Boston, Dec. 9. (Advance sale of ducats for “Carmen” at 1,800-seat Pilgrim points to sellout Thursday (11). House is scaled at $3.60 top' to $1.25 unreserved balcony. Hipp’s Union Problem Cleveland, Dec. 9. Hippodrome was tapped.by the Theatre Treasurers and Ticket Sellers union here last week with the demand that the house put a Local 756 treasurer and assistant in its boxofflce for the “Carmen” telecast Thursday (11). Request was made, said Harry Adams, local head of the AFL unit, because the Met Opera-spon- sored TV show at advanced prices constituted a radical change of the- atrical policy for which the TTTS members should be employed. No comment was made by Tele- management officials who operate the 3,700-capacity Hipp, which has not had many opportunities to use its new giant-sized television screen. For “Carmen,” it will have a $3.60 top on orchestra seats, $2.40 for balcony and mezzanine, with no reserved seats. Joint Exhib-Distrib Continued from page 5 what they would undertake), a dif- ference on the limitation of back damages. * Another exception was in the sec- tion devoted to runs, considered a minor change. The distrib draft added preview showings to the pre- release arrangement, but made no change in the limitation of two pix annually for special handling. The two*pix-a-year limit, sharply at- tacked by Allied, was inserted in the original plan. Another altera- tion in the distrib draft is a lengthy clarification of the limitations fol- lowing an 18-month test period of the arbitration plan. Stipulation for revealing compet- itive bids before a picture has been awarded to the top bidder is con- tained in the proposed arbitration plan. Wording is the same in the original Aug. 21 draft and in the subsequent distrib-revised plan. “Any exhibitor,” it states, “sub- mitting an offer for any designated picture or pictures in*response to an invitation by the distributor may request in writing (but under separate cover), at the time he sub- mits his offer, that all offers which are competitive with his own for such picture or pictures shall be revealed to the participating ex- hibitors (or to such as may wish to Continued from page 3 for RKO. Depinet was reported to have gone to Indio, the southern California home of the Atlas head, to confer on that possible deal. Odium reportedly offered $1,- 000,000, of which $400,000 was to liquidate the accrued interest be- cause of the delayed -payments, and the rest via Atlas-RKO (Stolkin) stock swap. Depinet shares pro rata on the penalties incurred by Stolkin & Co„ because the sale of his 36,000 shares parallels the deal for inter- est, liabilities, etc., that Hughes made. Continuing as the basis for a buy-back by Hughes of the Ralph Stolkin stock block would be a for- feiture by Stolkin and his pards of their $1,250,000 down payment to Hughes. In addition to this, they’d suffer cost penalties and other charges which would bring their total loss to $1,750,000. Stockholders Action Taking the pressure pit all key figures in the overall situation is the fact that hearing on a New York stockholders’ action seeking to place RKO in the hands of a temporary receiver has been post- poned. It had been set for tomor- row (Wed.) at which time, it orig- inally was hoped, a new slate of board members could be pre- sented as evidence that construc- tive action in the way of bolster- ing the corporation had been tak- en. There’s no immediate need for this In view of the hearing’s delay to next week. The Stolkin group, in addition to taking the 100% loss on the initial payment, is understood to be heav- ily in the red on other aspects of the 10-week deal. Local and brok- erage fees are believed to amount to $300,000. Other charges, includ- ing interest and bonus due hotelier Arnold J. Kirkeby, from whom $500,000 was borrowed for the down payment, bring the full loss to the $1,750,000. figure. Stolkin f - syndicate, it’s under- stood, has been growing more anxious in recent days to reach a final agreement for liquidation of their short-lived control of the studio. Under terms of the orig- inal sale, an initial payment of 1% interest on the balance of $6,100,- 000 was due on Dec. 21. Sale con- tract also provided for a second payment of $1,250,000 on the prin- cipal in September, 1953, with the final balance to be cleared one year thereafter.