Boxoffice-June.09.1951
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judgment, an independent operator of<br />
a theatre in the zone in Los Angeles in<br />
which the Florence is located, having<br />
a theatre suitable for first neighborhood<br />
run operation, is not afforded a reasonable<br />
opportunity to procure films<br />
for such theatre on a first neighborhood<br />
run basis if he so desires. If<br />
the parties disagree as to whether<br />
this condition has occurred, the matter<br />
may be preesnted to the Court for<br />
its determination. In that event, there<br />
shall be no burden of proof on either<br />
party, nor shall National be excused<br />
from making this election because the<br />
condition may not exist at the time the<br />
matter is presented to or heard by the<br />
Court. In the event the condition ia<br />
found to have occurred and National<br />
chooses the product limitation, the five<br />
year period of such limitation shall<br />
run from the time National shall have<br />
notified the Court, the Attorney General,<br />
and the independent operator of<br />
lis election, which shall be made within<br />
thirty days after the Court's ruling.<br />
National shall divest itself of the<br />
Gentry or, at its option, be subjected<br />
to a production limitation as provided<br />
for in footnote 6 (except substitute<br />
"second neighborhood run" for "first<br />
run"), if, during a period of iive<br />
years from the date of this judgment, an<br />
independent operator of a theatre in<br />
the zone in Los Angeles in which the<br />
Gentry is located, having a theatre<br />
suitable for second neighborhood run<br />
operation, is not afforded a reasonable<br />
opportunity to procure films for such<br />
theatre on a second neighborhood run<br />
basis if he so desires. If the parties<br />
disagree as to whether this condition<br />
has occurred, the matter may be presented<br />
to the Court for its determination.<br />
In that event, there shall be no<br />
burden of proof on either party, nor<br />
shall National be excused from making<br />
this election because the condition<br />
may not exist at the time the matter<br />
is presented to or heard by the Court.<br />
In the event the condition is found to<br />
have occurred and National chooses<br />
the product limitation, the five year<br />
period of such limitation shall run from<br />
the time National shall have notiifed<br />
the Court, the Attorney General, and<br />
the independent operator of its election,<br />
which shall be made within thirty<br />
days after the Court's ruling.<br />
The Embassy shall, at the option of<br />
Nahonal, be divested or be subjected<br />
to a product limitation as provided for<br />
in footnote 6 (except substitute "first<br />
neighborhood run" for "first run"), if,<br />
during a period of five years from the<br />
date of this judgment, an independent<br />
operator of a theatre in the zone in<br />
Los Angeles in which the Embassy is<br />
located, having a theatre suitable for<br />
first neighborhood run operation, is<br />
not afforded a reasonable opportunity<br />
to procure films for such theatre on a<br />
first neighborhood run basis if he so<br />
desires. If the parties disagree as to<br />
whether this condition has occurred, the<br />
matter may be presented to the Court<br />
for its determination. In that event,<br />
there shall be no burden of proof ori<br />
either party, nor shall National be excused<br />
from making this election because<br />
the condition may not exist at<br />
the time the matter is presented to or<br />
heard by the Court. In the event the<br />
condition is found to have occurred<br />
and National chooses the product limitation,<br />
the five year period of such<br />
limitation shall run from the time National<br />
shall have notified the Court<br />
the Attorney General, and the independent<br />
operator of its election, which<br />
shall be made within thirty days after<br />
the Court's ruling.<br />
Ravenna or Parisian or Melrose<br />
National shall, at its option, divest itself<br />
of the Fairfax or be subjected to<br />
a product limitation as provided for in<br />
footnote 6 (except substitute "first<br />
neighborhood run" for "hrsl run"), if,<br />
during a period of five years from the<br />
date of this judgment, an independent<br />
operator of a theatre in the zone in<br />
Los Angeles in which the Fairfax is<br />
located, having a theatre suitable for<br />
first neighborhood run operation, is<br />
not afforded a reasonable opportunity<br />
to procure films for such theatre on a<br />
first neighborhood run basis if he so<br />
desires. If the parties disagree as to<br />
whether this condition has occurred, the<br />
matter may be presented to the Court<br />
for its determination. In that event,<br />
there shall be no burden of proof ori<br />
either party, nor shall National be<br />
excused from making this election because<br />
the condition may not exist at<br />
the time the matter is presented to or<br />
heard by the Court. In the event the<br />
condition is found to have occurred and<br />
—<br />
DIVESTITURE PROVISIONS IN THE LOS ANGELES ZONES<br />
National chooses the product limitation,<br />
the five year period of such limitation<br />
shall run from the time National<br />
shall have notified the Court, the<br />
Attorney General, and the independent<br />
operator of its election, which shall be<br />
made within thirty days after the<br />
Court's ruling.<br />
National shall, at its option, divest<br />
itself of the La Brea or be subjected<br />
to a product limitation as provided<br />
for in footnote 6 (except substitute<br />
"second neighborhood run" for "first<br />
run") , if, during a period of five<br />
years from the date of this judament,<br />
an independent operator of a theatre<br />
in the zone in Los Angeles in which<br />
the La Brea is located, having a thectre<br />
suitable for second neighborhood<br />
run operation, is not afforded a reasonable<br />
opportunity to procure films<br />
for such theatre on a second neighborhood<br />
run basis if he so desires. If<br />
the parties disagree as to whether<br />
this condition has occurred, the matter<br />
may be presented to the Court for<br />
its determination. In that event there<br />
shall be no burden of proof on either<br />
party, nor shall National be excused<br />
from making this election because the<br />
condition may not exist at the time the<br />
matter is presented to or heard by<br />
the Court. In the event the condition<br />
is found to have occurred and National<br />
chooses the product limitation, the five<br />
year period of such limitation shall<br />
run from the time National shall have<br />
notified the Court, the Attorney General,<br />
and the independent operator of<br />
its election, which shall be made within<br />
thirty days after the Court's rulina.<br />
National shall divest itself of a first<br />
neighborhood run theatre in the zone<br />
in Los Angeles in which the Fairfax<br />
is located, -if, at any time during a<br />
period of five years from the date of<br />
this judgment, more than one National<br />
theatre in that zone plays first neighborhood<br />
run, subject, however, to the<br />
provisions of footnote 5 (except substitute<br />
"second theatre" for "third<br />
theatre" and "first neighborhood run"<br />
for "first run").<br />
The Westlake shall, at the option of<br />
National, be divested or be subjected<br />
to a product limitation as provided for<br />
in footnote 6 (except substitute "first<br />
neighborhood run" for "first run"),<br />
if, during a period of five years from<br />
the date of this judgment, an independent<br />
operator of a theatre in the zone<br />
in Los Angeles in which the Westlake<br />
is located, having a theatre suitable<br />
for first neighborhood run operation,<br />
is not afforded a reasonable opportunity<br />
to procure films for such theatre<br />
on a first neighborhood run basis<br />
if he so desires. If the parties disagree<br />
as to whether this condition has occurred,<br />
the matter may be presented<br />
to the Court for its determination. In<br />
that event there shall be no burden<br />
of proof on either party, nor shall National<br />
be excused from making this<br />
election because the condition may not<br />
exist at the time the matter is presented<br />
to or heard by the Court. In the<br />
event the condition is found to have<br />
occurred and National chooses the<br />
ptroduct limitation, the five year period<br />
of such limitation shall run from<br />
the time National shall have notified<br />
the Court, the Attorney General, and<br />
the independent operator of its election,<br />
which shall be made within thirty<br />
days after the Court's ruling.<br />
National shall divest itself of the<br />
Filmarte or the Hollywood if, in any<br />
year during a period of five years from<br />
the date of this judgment, an independent<br />
theatre in the zone in Los<br />
Angeles in which the Filmarte and the<br />
Hollywood are located does not regularly<br />
play first run for the greater<br />
part of the year. If the parties disagree<br />
as to whether this condition has occurred,<br />
the matter may be presented<br />
to the Court for its determination, in<br />
which event the burden of proof shall<br />
be on National.<br />
The Figueroa shall, at the option of<br />
National, be divested or be subjected<br />
to a product limitation as provided for<br />
in footnote 6 (except substitute "first<br />
neighborhood run" for "first run"),<br />
if, during a period of five years from<br />
the date of this judgment, an independent<br />
operator of a theatre in the zone<br />
in Los Angeles in which the Figueroa<br />
is located, having a theatre suitable<br />
for first neighborhood run operation,<br />
is not afforded a reasonable opportunity<br />
to procure films for such theatre<br />
on a first neighborhood run basis if<br />
he so desires. If the parties disagree<br />
as to whether this condition has occurred,<br />
the matter may be presented<br />
to the Court for its determination. In<br />
that event there shall be no burden of<br />
proof on either party, nor shall National<br />
be excused from making this<br />
election because the condition may not<br />
exist at the time the matter is presented<br />
to or heard by the Court. In<br />
the event the condiion is found to have<br />
occurred and National chooses the<br />
product limitation, the five year period<br />
of such limitation shall run from<br />
the time National shall have notified<br />
the Court, the Attorney General, and<br />
the independent operator of its election,<br />
which shall be made within thirty<br />
days after the Court's ruling.<br />
Arroyo or Starlcmd. The Mesa shall,<br />
at the option of Nalional, be divested<br />
or subjected to a product limitation as<br />
provided for in footnote 6 (except substitute<br />
"exhibition on the availability<br />
(i.e. the run) afforded the Mesa" for<br />
"first run exhibition'<br />
'<br />
, if, during a<br />
period of five years<br />
)<br />
from the date of<br />
this judgment, an independent operator<br />
of a theatre in the zone in Los Angeles<br />
in which the Mesa is located, having<br />
a theatre suitable for operation on the<br />
availability afforded the Mesa, is not<br />
afforded a reasonable opportunity to<br />
procure films for such theatre on the<br />
availability afforded the Mesa if he<br />
so desires- If the parties disagree as<br />
to whether this condition has occurred,<br />
the matter may be presented to the<br />
Court for its determination. In that<br />
event there shall be no burden of<br />
proof on either party, nor shall National<br />
be excused from making this<br />
election because the condition may not<br />
exist at the time the matter is presented<br />
to or heard by the Court. In<br />
the event the condition is found to<br />
have occurred and National chooses the<br />
product limitation, the five year<br />
period of such limitation shall run<br />
from the time National shall have<br />
notified the Court, the Attorney General,<br />
and the independent operator of<br />
its election, which shall be made within<br />
thiry days after the Court's ruling.<br />
The Highland shall, at the option of<br />
National, be divested or be subjected<br />
to a product limitation as provided for<br />
in footnote 6 (except substitute "first<br />
neighborhood run" for "first run"),<br />
if, during a period of five years from<br />
the date of this judgment, an independent<br />
operator of a theatre in the<br />
zone in Los Angeles in which the<br />
Highland is located, having a theatre<br />
suitable for first neighborhood run<br />
operation, is not in the opinion of the<br />
Attorney General or the Assistant Attorney<br />
General in charge of the Antitrust<br />
Division afforded a reasonable<br />
opportunity to procure films for such<br />
theatre on a first neighborhood run<br />
basis if he so desires. In the event<br />
the Attorney General or the Assistant<br />
Attorney General finds that the condition<br />
has occurred and National<br />
chooses the product limitation, the<br />
five year period of such limitation<br />
shall run from the time National shall<br />
have notified the Court, the Attorney<br />
General, and the independent operator<br />
of its election, which shall be made<br />
within thirty days after National<br />
been notified of such finding.<br />
has<br />
National shall divest itself of the<br />
Stadium or Lido if, in any year during<br />
a period of five years commencing<br />
one year after the date of this judgment,<br />
an independent theatre in the<br />
zone in Los Angeles in which the Stadium<br />
and Lido are located does not<br />
regularly play first or second neighborhood<br />
run for the greater part of the<br />
year. If the parties disagree as to<br />
whether this condition has occurred,<br />
the matter may be presented to the<br />
Court for its determination, in which<br />
event the burden of proof shall be on<br />
National.<br />
National shall, at its option, divest itself<br />
of the Stadium or Lido or be subjected<br />
to a product limitation as<br />
provided for in footnote 6 (except substitute<br />
"first neighborhood run" for<br />
"first run"), if, during a period of five<br />
years from the date of this judgment,<br />
an independent operator of a theatre<br />
in the zone in Los Angeles in which<br />
the Stadium and Lido are located, having<br />
a theatre suitable for first neighborhood<br />
run operation, is not afforded a<br />
reasonable opportunity to procure films<br />
for such theatre on a first neighborhood<br />
run basis if he so desires. If<br />
the parties disagree as to whether this<br />
condition has occurred, the matter<br />
may be presented to the Court for its<br />
determination. In that event there shall<br />
be no burden of proof on either<br />
party, nor shall National be excused<br />
from making this election because the<br />
condition may not exist at the time<br />
the matter is presented to or heard<br />
by the Court. In the event the condi-<br />
'<br />
tion IS found to have occur<br />
i<br />
tional cm,<br />
chooses the produt<br />
'<br />
^<br />
the ive year period dsJ<br />
|<br />
shall ^uuii run from ^J<br />
'-~ ""'<br />
'<br />
irom the time N,<br />
'<br />
Z\<br />
have<br />
"" notified the Court, IftJ,,<br />
General, and th; Tndeper<br />
tor of f,'o<br />
To<br />
lis election, which sf-<br />
within thirty days alter*<br />
^ci<br />
ruling.<br />
National shall divest i\ d<br />
Stadium and Lido or, at i:\Jl<br />
subjected to a product ]\Z<br />
provided for in footnote 6<br />
| ^1,<br />
stitute 'second neighborh(<br />
1 nS<br />
first run"), if, during ^<br />
five years from the date<br />
ment, an independent<br />
S<br />
or. or<br />
.<br />
!<br />
i<br />
, '<br />
;<br />
'<br />
,<br />
-'<br />
'<br />
which the Stadium and<br />
cated, \^<br />
having a theatre nh\<br />
second neighborhood run<br />
raii^i<br />
not afforded. a reasonable nor<br />
to procure films lor such Jre<br />
second neighborhood run<br />
'<br />
| aan<br />
to this condition T 3cci<br />
the matter may be presi'd u<br />
Court for its determinati h<br />
event, there shall be m urd(<br />
iis<br />
so desires. If the parties<br />
whether<br />
proof on either party, nii'hall<br />
tional be excused from una<br />
election because the cond ma<br />
exist at the<br />
sented to or<br />
time the m-- is<br />
heard by tl :our<br />
f 'j lo<br />
National ose*<br />
product limitation, the ii yea'<br />
the event the condition is<br />
occurred and<br />
riod of such limitation sh'. run<br />
the time National shall li", nc<br />
the Court, the Attorney