Boxoffice-June.09.1951

National
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FOX INTERMOUNTAIN AND FOX MIDWEST DIVESTITURES 1
has an interest in both theatres) during
a period of five years irom the
date oJ 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 determination, in which event the
burden of proof shall be on National.
American or Lyric it, in any year during
a period of five years from the date
of this judgment, more than one National
theatre plays first run, subject,
however, to the provisions of footnote
5 (except substitute "second theatre"
for "third theatre").
Lajunta, Colorado—Fox or Mesa.
Nationcl shall, at its option, divest
itself of an additional theatre in La-
Junta or be subjected- to a product
limitation as provided for in footnote 6,
if, during a period of five years from
the time of the disposition of the Fox
or Mesa, an independent operator oi
a theatre in Lcjunta. 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,
Leadville, Colorado — Elks Opera
House.
Longmont, Colorado—Fox or Longmont.
Montrose, Colorado — Fox or Rex,
purchaser to have choice of theatre
if Montrose is designated as provided
in footnote 2.
Sterling, Colorado—Fox or American
Trinidad, Colorado—Fox or Rialto,
if, in any year during a period of
five years from the date of this judgment,
on 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 determination,
in which event the burden of
proof shall be on National.
WaUenburg, Colorado—Fox or Rialto;
purchaser to have choice of theares
if Walsenburg is designated as provided
in footnote 2.
Caldwell, Idaho—American, if, in
any year during a period of five years
from the date of this judgment, it is
operated fewer than 156 days a year.
Fox or American 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 determination, in which event the
burden of proof shall be on National,
provided, however, that National shall
not be required to divest itself of more
than one theatre in Caldwell, Idaho,
pursuant to the provisions of this
paragraph.
Nompa, Idah(^-National shall divest
itself of the- Majestic or Adelaide or,
at its option, 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
Nampa, 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,
Pocatello, Idaho—^Capitol, if operated
less than aggregate of seven
months in any year.
Chief or Orpheum if, in any year
( while National has an interest in
both theatres) 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 determination,
in which event the burden of
proof shall be on National-
Chief or Orpheum if, at ony time
during a period of five years from the
dale of this judgment, more than two
National theatres play first run, subject,
however, to the provisions of
footnote 5.
Belleville, Illinois—National shall divest
ilself of the Lincoln or Illinois or,
at its option, 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
Belleville, 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 lime National shall have notified
the Court, the Attorney General,
ond the independent operator of its
election, which shall be made within
thirty days after the Court's ruling.
Benton, Illinois—Capitol or Star.
Centralia, Illinois—Illinois or Grand.
Du Quoin, Illinois—The Grand shall.
at the option of National, be divested
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, cm independent
operator of a theatre in Du Quoin,
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 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 thitry
days after the Court's ruling.
Jacksonville, Illinois — Illinois or
Times.
Marion, Illinois—Plaza to a purchaser
who will represent that he proposes
to operate such theatre on a first run
policy. Such representation shall be
made by an affidavit executed by the
purchaser, which shall be filed with the
Court and the Attorney General and
which affidavit shall include a statement
that it is so to be filed.
The Orpheum shall, at the option of
National, be divested or be subjected
to a as product limitation 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 Marion, 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 that the
condition has occurred and National
chooses the product limitation, the five
yeare period of such limitation shall
run from the time National shall have
the Attorney General,
notified the Court,
and the independent operator of
its election, shall be made within
which
thirty day after National has been
notified of such finding.
Mount Vernon, Illinois—Granada or
Plaza.
West Frankiorl, Illinois—Strand or
State-
Council Bluifs, low'a—Strand, if within
SIX months from the date of this
judgment any interest in the operations
or prohts of the theatre is held by
any actual or potential independent
exhibitor.
Arkansas City, Kansas—Burford or
Star, 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 determination,
in which event the burden
of proof shall be on National.
Atchizon, Kansas—Fox or Orpheum.
Chanute, Kansas—Jayhawk.
The Peoples shall, at the option of
National, be divested 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 Chanute, 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 cmd 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.
Clay Center, Kansas—The Rex shall,
at the option of National, be divested
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 Clay Center, 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
Coi^rt 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 Naional 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.
CoffeyviUe, Kansas — Midland or
Tackett.
Concordia, Kansas—The Grand shall,
at the option of National, be divested
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 Concordia,
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 no-
tified the Court, the i
Alto
Qenl
and the independent oilior 3
election, which shall beVde 2
thirty days after the Co
|
julir
Dodge City, Kansas \r)^„,
Crown. If the Crown iz\S
National shall divest
^i
f
Dodge, or, at its >
option,
to a product limitation a:
in footnote 6, if, during
five years from the date
ment. an independent
j
c 3tor
theatre in Dodge City, i
ng (T
atre suitable for first run sratio
not afforded a reosonab pport
to produce films for such ' a'tre'
first run basis if he s- esirej
the parties disagree aj wb
, .
this condition has occurn
i
a
may be presented to the
j url b
determination. In that ev ,
here
be no burden of proof ^
or j
nor shall National be ised
making this election beC'lj the
dition may not exist at | tinn
matter iz presented to or \i:d b
Court. In the event the i
nditii
found to have occurred t Nai
chooses the product limit iji, thi
year period of such lij tion
run from the time Nation '.;hall
notified the Court, the jj-ney
eral, and the independei ."perd
its election, which shall L'lade
in thirty days after the (,'fsr
Tlie Cozy, if, in any i dur
period of hve years fror ",e d(
this judgment, it is opercl' less
an aggregate of 183 day; ', year
El Dotado, Kansas—Tl }:"l1 D
shall, at the option of tiona
divested or be subjected ^a pi
limitation as provided for -iooin
if. during a period of fi\ ''eara
the date of this judgmt an
pendent operator of a ,-ilre
Dorado, having a theotr litab
'^
first run operation, is |- all
a reasonable opportunit
| pi
:
films for such theatre o fin
basis if he so desires, 'rhe |
disagree as to whether cot
has occurred, the matter '.y bi
sented to the Court for 'ietei
tion. In that event, ther>',iall
burden of proof on eith ^port]
shall National be excusi ,:rom
ing this election becausi^he
tion may not exist at ^ tim
matter is presented to or [jrd 1
Court. In the event thc'ndit
found to have occurred i Nc
chooses the product li ..ition
five year period of such 1 atioi
run l^rom the time Nation. ;hal]
notified the Court, the I mey
eral, and the independei per<
its election, which shall 1; bade
m thirty days after the C ,;t's
Emporia, Kansas—Granc ;or£
!
;
Fort Scott, Kansas—Eic ss c
erty.
Hays, Kansas— Fox o Htrai
the Strand is converted t cn-t
cal purposes the Fox mo" J rel
The Fox shall, at the -'on
tional, be divested or be "bjet
a product limitation as '^vidi
per
in footnote 6, if, during
five years from the date Mhis
ment, an independent c"ator
theatre in Hays, having c'^ieatr
table for first run operatr-^is
the opinion of the Attornrjieni
the Assistant Attorney enei
;
charge of the Antitrust ^visii
forded a reasonable olirtun
procure films for such atre
i
first run basis if he so i' es.
"
event the Attorney Ge- ij
Assistant Attorney Gener- tmfl
the condition has occur- an
tional chooses the prod UH
the five year period of ch
tion shall run from the «
I
shall have notified thf -om
Attorney General, and
li ma
ent operator of its ek >n.
shall be made within Ihi: aoij
National has been noti ol
hnding.
r
Hutchinson, Konsos—Fo W
'
lola, Kansas—lola or otov
in any year during a ; ^^
years from the date of t
1"^
an independent theatre d no
eoi^
larly play first run for th.
of the year. If the partie isog
to whether this condition o*
,,=
the matter may be pres ea
in
Court for its determinati
event the burden of proo laii
National. I,
Johnson County, Kanso ^ee
sions relating to the tc ^/
Kansas City, Missouri.
Liberal, Kansas—Tuckei
f""
18
BOXOFFICE
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