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UA, Cohen File Suits<br />

Over 'Home of Brave'<br />

NEW YORK—United Artists has sued Max<br />

A. Cotien for a total of $8,000 in damages<br />

said to represent rental payments withheld<br />

on "Home of the Brave" and "High Fury,"<br />

which played second to it on a double bill.<br />

Cohen has filed counter-suits for $15,000 in<br />

damages, claiming that UA violated a first<br />

run contract by selling "Home of the Brave"<br />

to Loew's.<br />

Because two films were involved and the<br />

damages asked for the second feature were<br />

small, that suit was filed in the city court<br />

of New York, which does not hear cases of<br />

more than $3,000. "The Home of the Brave"<br />

suit was filed in the New York supreme court.<br />

Both sides have now agreed to consolidate<br />

actions in the supreme court.<br />

UA filed the actions against Cohen and two<br />

of his corporations—Ancore and Andear<br />

Amusements—following the run of "Home<br />

of the Brave" at the New Amsterdam and<br />

Harris theatres, which are operated by the<br />

two defendant corporations. Cohen came<br />

back with counter actions, claiming that UA<br />

had signed a first run agreement for the<br />

showing of "Home of the Brave" in the metropolitan<br />

area. Cohen said this pact was<br />

violated when UA also sold the film to Loew's<br />

as a first run engagement.<br />

New Building, Theatre<br />

For Midtown New York<br />

NEW YORK—Sigmund Dornbusch of Newark<br />

has bought a 20,000 square foot site on<br />

Seventh avenue and 56th street on which he<br />

may construct an office building conta.ning<br />

a motion picture theatre and basement garage.<br />

He acquired the property now used as<br />

a parking lot, from the Mutual Life Insurance<br />

Co. It is assessed at $785,000. Berk &<br />

Krumgold were the brokers.<br />

Bornbusch said one of the major circuits<br />

is interested in leasing and operating the<br />

He refused to name the chain.<br />

size of the theatre and the office<br />

, building will be determined after discussions<br />

prospective tenants. E>ornbusch said<br />

the building may go as high as 25 stories and<br />

theatre as large as 1,800 seats. The comnow<br />

operating the parking lot has a<br />

which runs another two years, but Dornbusch<br />

said building could be started next<br />

May if certain pending deals go through.<br />

Walter Reade May Attend<br />

1st Albany TOA Session<br />

ALBANY—The possibility that Walter<br />

Reade jr., one of the moving spirits in the<br />

national TOA, may attend the first fall luncheon<br />

meeting of the Albany TOA, is foreseen<br />

Harry Lamont, temporary chairman of<br />

area group. Lamont conferred with<br />

and other TOA executives while in<br />

;<br />

York for the third annual midwinter<br />

conference of Variety Clubs International.<br />

Saul J. Ullman, who met with Lamont and<br />

Leonard L. Rosenthal, executive director for<br />

^the Albany unit, on plans for the session here,<br />

lalso is scheduled to talk with TOA toppers<br />

during a trip to New York.<br />

date for the initial confab of the 1949-<br />

|50 season has not been set.<br />

AT ALBANY DINNER — The Albany<br />

Variety ('lub recently opened the new fall<br />

and winter season with a dinner at Heeler's<br />

restaurant. Shown in the accompanying:<br />

picture are Abbic Lane, singer<br />

with the Xavier Cugat orchestra playing<br />

at the Palace Theatre, and Saul J. Ullman,<br />

chief barker. Cugat and members<br />

of his company were guests at the dinner.<br />

Flans for the annual Denial day<br />

campaign which the club will sponsor, to<br />

provide funds for its summer camp for<br />

boys, were discussed during the dinner.<br />

Midwest Drive-In Buys Site<br />

On New S-3 in Rutherford<br />

NEW YORK—The Midwest Drive-In Co.,<br />

headed by Philip Smith of Boston, has<br />

bought a 24-acre site on the new route S-3<br />

in Rutherford, U. J., as a site for a drivein<br />

to cost about $450,000, according to Berk<br />

& Krumgold, theaare realty specialists who<br />

handled the sale. The property was acquired<br />

from the Belle Meade Coi^p. of this city.<br />

The site is only a 12-minute drive from<br />

the New York side of the Lincoln timnel<br />

and the drive-in will be the closest to the<br />

Times Square area. Plans call for a large<br />

playground for use prior to .showtime, extensive<br />

landscaping and parkways, and construction<br />

of a special road on each side of<br />

route S-3' and a tunnel under the highway<br />

to eliminate traffic hazards.<br />

Variety of Albany Elects<br />

New Members of Crew<br />

ALBANY—The Variety Club met Monday<br />

night in its new clubrooms on Clinton avenue<br />

and elected a crew of 11. These men<br />

were to meet at 11 a. m. Saturday in the<br />

Warner Theatres offices to selected officers<br />

for 1950. The new crew consists of Charles<br />

A. Smakwitz, Joe Saperstein, Ed Wall, Gene<br />

Reade to Decide by Tues.<br />

On Action Against RKO<br />

New York—The Walter Reade Theatres<br />

will d-ecide by Tuesday (22) whether to<br />

sue RKO over the Trenton-New Brunswick<br />

situation. Reade and RKO officials,<br />

represented on the Trenton-New Brunswick<br />

board of directors, met Friday (18)<br />

in another attempt to end their joint<br />

ownership agreement and transfer the<br />

circuit assets.<br />

EK 9-Month Net Profit<br />

Slightly Under 1948<br />

NEW YORK—Eastman Kodak Co. has reported<br />

a net profit of $35,130,264 for the first<br />

nine months of 1949. after charges and taxes,<br />

compared to $42,501,249 for the same period<br />

in 1948.<br />

This is equal to $2.68 per common share on<br />

the 12.999.069 shares outstanding, compared to<br />

$3.41 per share on the 12,380,065 shares outstanding<br />

in 1948.<br />

The net profit for the third quarter of<br />

1949 was $13,761,434 or $1.05 per common<br />

share.<br />

The Eastman Kodak directors have also<br />

declared a dividend of 50 cents on the common<br />

stock, payable Jan. 3, 1950, to stockholders<br />

of record December 5, plus a dividend of<br />

one .share of common stock for each 20 held,<br />

payable Jan. 21, 1950, to stockholders of record<br />

December 23. This action brings the 1949<br />

cash declarations to $1.70, as 40 cents was<br />

voted in each of the preceding quarters. This<br />

compares with $1.60 last year when a like<br />

stock dividend was declared in November.<br />

The EK directors have also voted a wage<br />

dividend of an estimated $15,500,000 for about<br />

48,000 Kodak men and women in the western<br />

hemisphere, the largest total wage dividend<br />

in the 38-year history of the plant at Kodak.<br />

The dividend will be paid March 10, 1950.<br />

INCORPORATIONS<br />

—ALBANY—<br />

Basil's Abbott Theatre: Buffalo; $100,000.<br />

$100 par; William G. Beyer, 54 Urban St ;<br />

Arlene G. Misener, 501 Morgan Blvd.; Mildred<br />

Ruth, 471 Koons Ave.<br />

Herb Sheldon Enterprises: Radio and television<br />

business; 200 shares, no par.<br />

Olympia Miniature Corp.: Manufacture<br />

figurines, pictures, theatrical properties ai.d<br />

toys, in New York; 300 shares.<br />

Hollywood Enterprises: Promotion and exploitation<br />

in the theatrical and commercial<br />

fields; 200 shares, no par.<br />

Dell Amusement Corp.: Kings county;<br />

200 shares, no par.<br />

Auburn East-West Drive-In Theatre Corp.:<br />

Auburn; 200 shares, no par; Hubert P. Wallace,<br />

Aubm-n, and Anne M. Wallace, 6 Melrose<br />

Rd.<br />

Vogel, Charles Dortic, Sylvan Leff, Arthur<br />

Newman, Gerry Atkin, Leo Rosen, Dr. Samuel<br />

Kalison and Nate Winig.<br />

Clyde J. Murphy Co.: Formed to conduct<br />

a genera) painting an'l contracting business<br />

Neil Hellman, a former chief barker, and<br />

in Troy; $10 000. $100 par- Clyde J. and Dorothy<br />

Murphy. This concern does the painting<br />

Rosen were elected delegates to the national<br />

convention in New Orleans, and Simon and<br />

and decorating in area Fabian theatres.<br />

Atkin, alternates.<br />

Bell Park Movies: F^u•nish amusement to<br />

public; 100 shares, no par.<br />

Israel Amusement Center: To do business<br />

in New York; 200 shares, no par.<br />

Biofilms, Inc., of New York: Dissolved.<br />

Rights to "Cyrano de Bergerac'<br />

Screen rights to "Cyrano de Bergerac," a<br />

play by Edmond Rostand, have been acquired<br />

by Producer Stanley Kramer for<br />

United Artists.<br />

BOXOFnCE :: November 19, 1949 60-A

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