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$33 MILLION IN DAMAGES ASKED
IN 19 suns FILED SINCE OCT. I
From $50,000 to $1 1.895.000
In Antitrust Verdicts
Sought in Courts
NEW YORK—AllhouKh aibllrallon of
Industry disputes has been a major trade
topic of the season, there has been no apparent
letup on antitrust suits in the closing
quarter of the year. Since October 1,
19 suits have been filed asking a total of
nearly $33,000,000.
The litigation reached into every section of
the country, and brought out some new
angles on which exhibitors are .seeking re-
(Iress in court. Whereas virtually all antitrust
suits immediately following the Supreme
Court decision involved illegal trade practices
In previous years, many of the new suits are
based on alleged violations of trade practices
set up in the consent decree or practices
established by the majors in an effort to
carry out the court orders.
SEEK METROPOLITAN BREAKUP
In several instances, exhibitors in .small
towns included geographically in metropolitan
areas are suing for the right to play day-anddate
with first run theatres in the metropolitan
center. First runs in Boston are among
those involved in a $1,500,000 suit filed by
the Lendonsol Amu.sement Co., operator of
the Adams Theatre in Quincy. The company
contends that it has been denied the right to
bid for day-and-date first runs, and is suing
the majors. B&Q. New England Theatres and
American Theatres circuits.
The Boston area clearance system also is
attacked in a suit filed by the Park Theatre
In nearby Walpole. The Park Neponset Corp..
operators of the theatre, is asking for $1,000.-
000 in damages from the majors. Phil Smith
circuit, the UPT affiliate in the area—New
England Theatres, Inc.—and American Theatres
Corp. because Boston's first runs have a
21-day clearance over the Park.
This same effort to get first runs on a dayand-date
ba.sis with first run houses in a
metropolitan center is the basis of a $2,250,000
suit filed by Harold Field and Harold Kaplan
In behalf of the St. Louis Park Tlieatre in
suburban Minneapolis. St. Louis Park is an
Independent municipality on the outskirts of
Minneapolis and has grown tremendously in
the past few years.
UNUSUAL MIAMI COMPLAINT
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In a number of other suits, distributors are
being sued .singly along with one or more
exhibitors in product availability disputes. An
unusual argument is presented by the Colony
Theatre in Palm Beach which has brought a
$50,000 suit against 20th Century-Fox. The
contends that it can't get first runs
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for its ".sophisticated, discriminating tourist
trade."
Kar-Vue Theatres, Inc., which operates
four Colorado drive-in theatres, is suing
United Artists becau.se it allegedly can't buy
a "proper run" of UA films. Named along
With the distributor is the Wolfberg circuit
Which, itself,
recently sued and won a verdict
in a suit against the majors.
Hearing Set for Dec. 29
On Federal 16mm Suit
HOLLYWOOD — Arguments will be
heard Monday i29i In federal dLsirlct
court on a motion (lied by attorneys
representing major company defendants
in the government's antitrust action seeking
to compel them to make 16mm prints
of their theatrical features available to
television and other competitive outlets.
Defease attorneys filed a motion requesting
Federal Judge William Byrne to
order the government to clarify Its bill
of particulars in the precedential suit,
originally filed here last July. Defendants
include 20th Century-Fox, Warners. RKO
Radio, Republic, Columbia, Screen Gems,
Universal-International, United World
Films, Films, Inc., and Pictorial Films.
In a suit filed by Mrs. Mabel Carter, who
owns a theatre under lea.se to Fox Midwest
Theatres in Sedalia. Mo., estimated earnings
to 1961 are part of the basLs for a $1,500,000
damage claim. Mrs. Carter claims that when
a Fox lease on the theatre ran out in 1940.
she attempted to operate it herself. Pox,
however, opened a theatre in competition and
Mrs. Carter alleges that .she was then unable
to get product and subsequently gave the
circuit a new lease on the house. The contract
runs to 1961, hence the introduction of
estimated earnings in the complaint.
BIG DAMAGE CLAIM IN N.Y.
The biggest damage claim filed against the
majors has a New York setting. Max Cohen,
head of the Cinema circuit, a.sks for $11,895,000
through three corporations owning and operating
the New Amsterdam Theatre, a 42nd
street subsequent run situation. He is suing
RKO. Warners. UA, Columbia, Paramount
and United Paramount Theatres because he
says he has been denied 21 -day availability
after regular Broadway runs.
Second in size to the Cohen suit was a
$6,000,000 action filed this week in Charlotte
by Allen B. Thompson and his wife. Brona,
owners of the Graham Theatre in Graham,
N. C, against the majors. Republic and United
Paramount circuit affiliates in the area. The
complaint goes back to 1930 when the Graham
played first run films. In that year, it is
alleged. North Carolina Theatres, a Wilby-
Kincey operation, took over three theatres in
nearby Burlington and obtained 14-day clearance
over the Graham Theatre as a result of
alleged acts of conspiracy by the defendants.
The situation during the quarter was comparatively
quiet in Chicago, where the court
docket is jammed with theatre antitrust suits.
The Queen Theatre filed suit for $108,000. contending
it was being forced to operate on an
83-day clearance .schedule while the Chicago
Rena Corp.. operator of the Lawndale Theatre,
sued for $225,000 damages against six
majors, the B&K circuit and the 20th-century
Tlieatre which is operated by Jack
Klrsch, head of Allied Theatres of Illinois.
Other suits (lied during the quarter Included
:
Indianapolis— ZarlnR Theatre v». LoeWs
and Paramount (or allrRedly refustns to sell
product on name terms a.i affiliated theatres,
$300,000 damage'' atkcd
New York Nathan Stelnbers of Square
Theatre, Bronx, .wcklng Injunction and undetermined
damaRc.i on grounds the theatre
was denied a move-up In clearance with the
Pilgrim and Interboro theatre.^ of the Skouras
chain. The Square Theatre until 1950 waa
operated by the Skouras InlereaUn.
Mlnneupoll.s— Charles Rubcrvsteln and Abe
Kaplan dt Hollywood Theatre. $504,000 damages
asked on charge that Mlnne.sola Amusement
Co. competing theatre.s are receiving
preference In product.
SUITS FILED IN BOSTON
Boston- Walter E. Mitchell of the Morse
Theatre In Franklin. Ma.ss .
suing for $2,000,000
against eight majors and Republic and RKO
and UPT affiliates for alleged violation of
runs and clearance provLslons of decrees.
Boston—Herbert L. Brown of the Victoria
Theatre. Greenfield. Ma.ss., $2,000,000 damages
asked from majors and Shea circuit (or alleged
discrimination In runs and clearances.
Albuquerque—$927,000 .suit filed by Mary
Trleb of El Capltan of Roswell against Griffith
circuit and majors charging discriminatory
practices.
New York—Tower Theatre, Bronx, suing for
$1,530,000 aaglnst the Skouras theatre interests
and majors on grounds it was forced to
close because of unavailability of product.
Colorado City. Tex—Westerner Drive-In
Theatre suing Warner Bros, and five competing
exhibitors on product availability; $80,000
damages asked.
Austin. Tex—Eddie Jaseph, suing for $600.-
000 damages against six majors. Interstate
circuit and other Independent circuits on
alleged unreasonable clearance and inadequate
product granted the North AusUn
Drive-In Theatre.
Supreme Court Dismisses
Government Crescent Action
WASHINGTON—At the government's request,
the Supreme Court on Monday il5»
dismissed the pending appeal of a civil contempt
action by the Department of Justice
against the Crescent circuit for alleged violations
of its consent decree. The Supreme
Court earlier had agreed to hear argimients
in the government plea from an adverse lower
court ruling.
The DofJ in 1950 filed both clvU and
criminal contempt actions against Crescent,
four alUed circuits and three officers, charging
that the consent Judgment terminating Its
antitrust suit against the chain had been
violated. The department also asked the
federal district court in Nashville. Tenn.. to
amend the decree so as to tighten the bans
against acquisition of new theatres.
The lower court dismissed both suits, but
reserved Jurisdiction over the request for
strengthening amendments to the decree, so
that it could, if desired, act on them at a
later date.
BOXOFFICE December 20. 1952
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