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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

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