Boxoffice-June.09.1951

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SACRAMENTO, SALINAS, SAN DIEGO, SANTA MONICA, STOCKTOF1
agree as to whether this condition
has occurred, the matter may be presented
to the Court for its determination,
in which event the burden of
proof shall be on National.
Redlands, Caliiomia—Loma.
Notional shall, at its option, divest
itself of an additional theatre in Redlands
or be subjected to a product
limitation as provided for in footnote
6 {except substitute "exhibition on the
run policy on which the Loma is
operated" for "first run exhibition"),
if, at any time during a period of
five years from the date of the divestiture
of the Loma, more than one National
theatre plays on the run policy
on which the Loma is operated-
Redondo, California — Fox Redondo
or Strand.
National shall divest itself of an additional
theatre in Redondo or of the
Hermosa in Hermosa Beach or of the
LaMar in Manhattan Beach if, in any
year during a period ol five years from
the date of the divestiture oi the Fox
Redondo or Strand, an independent
theatre in Redondo, Hermosa Beach
and Manhattan Beach, considered together,
does not regularly play first
run for the greater part of the year.
If the parties disagree as to whether
this condition has occurred, the matter
may be presented to the Court for its
determination, in which event the burden
oi proof shall be on National.
Richmond, Caliiomia—Liberty; and
the San Pablo Avenue Lots. Such
properties shall be offered tor sale until
one such property has been sold for
motion picture purposes. After one or
the other of such properties has been
sold for motion picture purposes, the
remaining property may be sold for
any purpose.
National shall, at its option, divest
itself of an additional theatre in Richmond
or be subjected to a product
limitation as provided for in footnote
6 (except substitute "second run" for
"first run"), if, during a period of
five years from the date of this judgment,
an independent operator of a
theatre in Richmond, having a theatre
suitable for second run operation, is
not afforded a reasonable opportunity
to procure films for such theatre on a
second run basis if he so desires. If
the parties disagree as to whether this
condition has occurred, the matter may
be presented to the Court for its determination.
In that event, there shall
be no burden of proof on either party,
nor shall National be excused from
making this election because the condition
may not exist at the time the
matter is presented to or heard by
the Court. In the event the condition
is found to have occurred and National
chooses the product limitation,
the five year period of such limitation
shall run from the time National
shall have notified the Court, the Attorney
General, and the independent
operator of its election, which shall
be made within thirty days after the
Court's ruling.
Sacramento, Caliiomia—Senator or
Crest or Capitol if, at any time during
a period of five years from the
date of this judgment, more than two
National theatres play first run, subject,
however, to the provisions of
footnote 5.
Salinas. Caliiomia—Fox or Alisal if,
in any year during a period of five
years from the date of this judgment,
an independent theatre does not
regularly play first run for the greater
part of the year. The determination
as to whe'her this condition has occurred
shall be made solely by the Attorney
General or the Assistant Attorney
General in charge of the Antitrust
Division, National shall, at its option,
divest itself of a theatre in Salinas
or be subjected to a product limitation
as provided for in footnote 6, if,
during a period of five years from the
date of this judgment, an independent
operator of a theatre in Salinas, having
a theatre suitable for first run
operation, is not in the opinion of the
Attorney General or the Assistant Attorney
General in charge of the Antitrust
Division, afforded a reasonable
opportunity to procure films for such
theatre on a first run basis if he so
desires. In the event the Attorney
General or the Assistant Attorney General
finds the conditions has occurred
and National chooses the product limitation,
the five year period of such
limitation shall run from the time National
shall have notified the Cqurt,
the Attorney General, and the independent
operator of its election, which
shall be made within thirty days after
National has been notified of such
finding,
San Bernardino, Caliiomia—Fox or
Caliiornia or West Coast
San Diego, Caliiornia—National shall
divest itself of the Fox or Orpheum or
California if, in any year during a
period of five years from the date of
this judgment, two independent theatres
do not regularly play first run the
greater part of the year. If the parties
disagree as to whe+her this condition
has occured, the matter may be presented
to the Court for its determination,
in which event the burden of
proof shall be on National.
San Diego Zones—National
lis option, divest itself of the
shall,
Adams
at
or be subjected to a product limitation
as provided for in footnote 7,
if, during a period of five years from
the date of this judgment, an independent
operator of a theatre in the
zone in San Diego in which the Adams
is located, having a theatre suitable
for first run operation, is not afforded
a reasonable opportunity to procure
films for such theatre on a first run
basis if he so desires. It the parties
as to whether this condition
has occurred, the matter may be presented
disagree
to the Court for its determina-
tion. In that event, there shall be no
burden of proof on either party, nor
shall National be excused from making
this election because the condition
may not exist at the lime the matter
is presented to or heard by the
Court. In the event the condition is
found to have occurred and National
chooses the product limitation, the five
year period of such limitation shall
run from the time National shall have
notified the Court, the Attorney General,
and the independent operator of
its election, which shall be made within
thirty days after the Court's ruling.
National shall, at its option, divest
itself of the Loma or be subjected to a
product limitation as provided for in
footnote 7 (except substituting "Loma"
for "Adams"), if, during a period of
five years from the date of this judgment,
an independent operator of a
theatre in the zone in San Diego in
which the Loma is located, having a
theatre suitable for first run operation,
is not afforded a reasonable opportunity
to procure films for such theatre
on a first run basis if he so desires.
If the parties disagree as to whether
this condition has occurred, the matter
may be presented to the Court
for its determination. In that event,
there shall be no burden of proof on
either party, nor shall National be
excused from making this election because
the condition may not exist at
the time the matter is presented to or
heard by the Court. In the event the
condition is found to have occurred
and National chooses the product limitation,
the five year period of such
limitation shall run from the time National
shall have notified the Court,
the Attorney General, and the independent
operator of its election, which
shall be made within thirty days after
the Court's ruling.
National shall, at its option, divest
itself of the State or be subjected to
a product limitation as provided for
in footnote 7 (except substitute "State"
for "Adams"), if, during a period of
five years from the date of this judgment,
an independent operator oi a
theatre in the zone in San Diego in
which the State is located, having a
theatre suitable for first run operation,
is not afforded a reasonable opportunity
to procure films for such
theatre on a first run basis if he so desires.
If the parties disagree as to
whether this condition has occurred,
the matter may be presented to the
Court for its determination. In that
event, there shall be no burden of
proof on either party, nor shall National
be excused from making this
election because the condition may not
exist at the time the matter is presented
to or heard by the Court. In
the event the condition is found to have
occurred and National chooses the
product limitation, the five year period
of such limitation shall run from the
time National shall have notified the
Court, the Attorney General, and the
independent operator of its election,
which shall be made within thirty
days after the Court's ruling.
North Park or Crest or Egyptian.
The Balboa shall, at the option of
National, be divested or be subjected
to a product limitation as provided for
in footnote 6 (except substitute "first
neighborhood run" for "first run"), if,
during a period of five years from the
dale of this judgment, an independent
operator of a thectre in the zone in
San Diego in which the Balboa is
located, having a theatre suitable for
first neighborhood run operation, is
not afforded a reasonable opportunity
to procure films for such theatre on a
first neighborhood run basis if he
so desires. If the parties disagree as
to whether this condition has occurred,
the matter may be presented
to the Court for its determination. In
that event, there shall be no burden
of proof on either party, nor shall
National be excused from making this
election because the condition may not
exist at ihe time the matter is presented
to or heard by the Court. In
the event the condition is found to
have occurred and National chooses
the product limitation, the five year
period of such limitation shall run
from the time National shall have notified
the Court, the Attorney General,
and the independent operator of its
election, which shall be -made within
thirty days after the Court's ruling.
Son Luis Obispo, Caliiomia—National
shall divest itself oi the Fremont
or Elmo if, in any year during a period
of five years from the date of this
judgment, during which National operates
more than one first run theatre for
more than one month, an independent
theatre does not regularly play first
run for the greater part of such year.
If the parlies disagree as to whether
this condition has occurred, the matter
may be presented to the Court for
its determination, in which event the
burden of proof shall be on Notional.
7 For a period of five years
National shall not license in the zone
in which the Adams is located:
(a) More than 60% of the feature
films released for first run exhibition
in any fiscal year by such of the
major distributors whose product has
been exhibited first run at the Adams
during the fiscal year preceding the
time the condition requiring the limitation
has occurred, except as to pictures
for which competitors who have
had an opportunity to request licenses
have not made an offer or have made
an insubstantial offer, and
(b) More than 60% from among the
pictures constituting the aggregate of
the 10 pictures released by each of
. the major distributors whose product
has been exhibited first run at the
Adams during the fiscal year preceding
the time the condition requiring the
limitation has occurred, respectively,
for first run exhibition in any fiscal
year, which are allocated by the respective
distributor to its highest selling
bracket or brackets, except as to pictures
for which competitors who have
had an opportunity to request Ucenses
hove not made an offer or have made
an insubstantial offer.
San Mateo, California—Regent. Also
see provisions relating to Burlingame.
San Pedro, Caliiomia — National
shall, at its option, divest itself of the
Strand or be subjected to a product
limitation as provided for in footnote 6
(except substitute "second run" for
"first run"), if, during a period of five
years from the date of this judgment,
an independent operator of a theatre
in San Pedro, having a theatre suitable
for second run operation, is not afforded
a reasonable opportunity to procure
films for such theatre on a second
run basis if he so desires. If the parties
disagree as to whether this condition
has occurred, the matter may
be presented to the Court for its determination.
In that event, there shall
be no burden of proof on either party,
nor shall National be excused from
making this election because the condition
may not exist at the time the
matter is presented to or heard by the
Court. In the event the condition is
found to have occurred and National
chooses the product limitation, the five
year period of such limitation shall run
from the time National shall have notified
the Court, the Attorney General,
and the independent operator of its
election, which shall be made within
thirty days after the Court's ruling.
Santa Monica, Caliiomia — Criterion
or Wilshire if, in any year during a
period of five years from the date of
this judgment, an independent theatre
does not regularly play first run for
the greater part of the year. If the
parties disagree as to whether this
condition has occurred, the matter may
be presented to the Court for its de-
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termination, in which evei
of proof shall be on Na n-
Naiional
I
shall divest 1
oi
atre if, at
itt
any time durim
^^"°'
five
rrienl,
years
more
from
than
the date"
one Nat
his
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-i
plays first run at a time',en rt
IS not more than one other ii'jlo
ating lirst run in Santa
ject, however, to the
isions
footnote 5 (except substi
theatre" for "third theatr
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Santa Paula, Caliiom: . pg-
Tower, purchaser to ha !
-W
theatres il Santa Paula
1
^^xm,
as provided in footnote 2'
Sherman Oaks, Califor -Nati.
shall divest itself ',
oi the -perty
cated at Langdon and Vi
|
ra ^
vard if, in any year dur
! qm
of five years from the
I'.j of
judgment, an independei lealn
Sherman Oaks or in End does
regularly play on the avcnility
the run) afforded the La iiaior
greater part oi the year. le pa
disagree as to whether 1
cond
has occurred, the matter i be
sented to the Court tor i etern
tion, m which event th urdei
proof shall be on Notiona
The La Reina shall, at
, optic
National, be divested or ^sulsjt
to a product limitation as 'videf
m ioolnote 6 (except su lute
hibition on the availabL (i.e.
run) afforded the La Reiiffor'
run exhibition"), if, duri','a pi
of five years from the 'i of
ludgment, '
an independen jerati
a theatre in Sherman Oa. t En
having a theatre suitabllor O]
tion upon the availability :
3rde<
Le Reina, is not afiorde i :e(
able opportunity to proc - filia
such theatre on the availtTtyal
ed the La Reina if he s i=sire
the parties disagree as to ! etha
condition has occurred, th alter
be presented to the Cou 3r its
termination. In that even 'lere
be no burden of proof on ler p
nor shall Notional be excu; ^Irom
ing this election because cont
may not exist at the tim^ien
IS presented to or heard 1' he C
In the event the condii |Ms I
to have occurred and Nat. '.1 chi
the product limitation, tl live
period of such limitatic "iholl
from the time National sf hav.
tified the Court, the Attor Gei
and the independent op -or i
election, which shall be "de i
thirty days after the Cou' ruli
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Stockton, Caliiomia—N" nal
divest Itself of the Calif -^a o
State if, in any year dur ,0 i
of five years from the e ol
judgment, an independent atie
not regularly play first ,,i fo
greater part of the Y ;. H
parties disagree as to ,,!thei
condition has occurred, th jottei
be presented to the Cou ^pr il
termination, in which evei ,ie b
of proof shall be on Nati .'1.
National shall, at its c'>n,
itself of the California or ,; St(
be subjected to a prodi;-limi
as provided for in footnote if, c
time during a period of fi\ ''eari
the date of this judgmen:aora
one National theatre p\c\ firs
at a time when there is n nore
one other theatre operat;, firs
in Stockton, subject, hovi|..ir. t
provisions of footnote 5 ^cepl
stitute "second theatre'^'sr
theatre"). \.
,
National shall have th&-^m
place, within three years fe-i
of this judgment, the 'Ri" }»
which was destroyed by m
!
ary 1950,* If National tr-s r<
such theatre, then Nation she
year during which Natio' op
more than one theatre on con(
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If the parties disagree
this condition has occurrelhei
may be presented to Ir t^ou
its determination, in whu evei
vest itself o( a theatre if, a^i
during a period of five y« .
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date of such replacemen wo
*Such replacement thee shi
ti
substantially equivalent nd
!,
immediate neighborhood sue
slroyed theatre, or, it
Njai
show to the satisfaction
ne
(
and the Court shall first fi ,1"^
theatre will not unduly n^a^/^
petition, such replacement -au
be a theatre in another rriw
i
which IS substantially € va»
such destroyed theatre.
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BOXOFFICE
Ji 9.