Boxoffice-June.09.1951

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second
a
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MISSOURI, MONTANA, WISCONSIN, PACIFIC NORTHWEST
determination, in which event the burden
of proof shall be on Notional.
National shall divest itsell of the
Plaza or, at its option, 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 Kansas City,
having a theatre suitable for second
run operation, and located within the
competitive area of the Plaza, is not
afforded a reasonable opportunity to
procure films for such theatre on a
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 excusedfrom
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 liimlation 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 days after the Court's ruhng.
Kansas City Zones: (a) The Linwood
shall, at the option of National, be
divested or be subjected to a product
limitation as provided for in footnote
6 (except substitute "second neighborhood
run" for "first run"), if, during
a period of five years from the date of
this judgment, an independent operator
of a theatre in the zone m which the
Linwood is located, having a theatre
suitable for second neighborhood run
operation, is not afforded a reasonable
opportunity to procure films for
such theatre on a second 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 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.
Warwick or Madrid. Whichever of
these two theatres is retained by National
shall, at the option of National,
be divested or be subjected to a product
limitation as provided for in footnote
6 (except substitute "exhibition
on the availability" (i.e. the run) afforded
the Warwick" or "exhibition
on the availability (i.e. the run) afforded
the Madrid," as the case may
be, tor "first run exhibition"), if, during
a period of five years from the
date the Warwick or the Madrid is
disposed of, an independent operator
of a theatre in the zone in Kansas
City in which the theatre retained by
National is located, having a theatre
suitable for operation on the availability
afforded the theatre retained by National,
is not afforded a reasonable
opportunity to procure films tor his
theatre on the availability afforded the
theatre retained by National 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 occured
and National chooses the product
limitation, the five year period of
such limitation shall run from the time
National shall have notiifed the Court,
the Attorney General, and the independent
operator of its election, which
shall be made within thirty days after
the Court's ruling.
Isis or Apollo or flockhill.
One additional theatre shall be divested
in the zones in which the Isis,
Apollo and Rockhill are located, considered
together, if, in any year during
a period of five years from the date of
the disposition of the Isis or Apollo or
Rockhill, an independent theatre does
not regularly play first neighborhood
run for at least as long as any No-
18-B
tional theatre located in such zones. 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.
National shall divlst itself of an
additional theatre in the zone in which
the Isis and Apollo are located or, at
its option, 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 date of
this judgment, an independent operator
of a thetre in the zone in which
the Isis and Apollo are 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 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 affer the Court's
ruling.
The Rockhill, so long as it is operated
by National, 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 date of this judgment,
an independent operator of a
theatre in the zone in which the Rockhill
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 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.
Circus.
The Vista or Gladstone shall be divested
if, in any year during a period
of five years from the date of this
judgment, an independent theatre located
in the zone in which the Vista
and Gladstone are located does not
regularly play first neighborhood 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.
Brookside or Waldo.
National shall divest itself of the
Lincoln or, at its option, 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
date of this judgment, an independent
operator of a theatre in the zone in
Kansas City in which the Lincoln 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 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; or
(b) In lieu of the foregoing provisions
applicable to the Kansas City
Zones as set forth in (a) above. National
shall divest the following theatres:
Isis or Apollo; Rockhill or Vista;
Brookside or Waldo; Warwick or Madrid;
and Circus.
Kirksville, Missouri — Kennedy or
Princess, 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.
Lexington. Missouri — Mainstreet or
Eagle.
Moberly, Missouri—The Fourth Street
or Grand, 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.
Nevada, Missouri—Nemo 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 presenter
to the Court for its determination, in
which event the burden of proof shall
be on National.
Sedalia. Missouri—Fox or Liberty, 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
Springfield, Missouri—Fox or Gillioz
or lewell.
National shall, at its option, divest
itself of the Landers or be subjected
to a product limitation as provided for
in footnote 6 (except substitute "exhibition
on the availability (i.e. the
run) afforded the Landers" for "first
run exhibition"), if, during a period
of five years from the date of this
judgment, an independent operator of
a theatre in Springfield having a theatre
suitable for operation on the
availability afforded the Landers, is
not afforded a reasonable opportunity
to procure films for such theatre on the
availability afforded the Landers 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.
The Kickapoo shall, at the option of
National, be divested or be subjected
to a product limitation as provided
for in footnote 6 ( except substitute
"exhibition on the availabiUty
(i.e. the run) afforded the Kickapoo"
for "first run exhibition"), if, during
a period of five years from the date of
this judgment, an independent operator
of a theatre in Springfield, having
a theatre suitable for operation on
the availability afforded the Kickapoo,
is not afforded a reasonable opportunity
to procure films for such theatre
on the availability afforded the
Kickapoo 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 N i
mal c!
the product limitation, ; five
period of such Umitatio: qH jy
the time National she! uve t
the Court, the Attorne- enera
hte independent opera
[ of it(
tion, which shall be rac withir
days after the Court's ling.
|
, mdej
,
Billings, Montana—F or
and Lyric or Rio.
Butte, Montana—Mo
%
or Fox.
may be disposed of fo [-on-th(
Great Falls, Montana rand,
purposes.
Liberty or Rainbow n an
during a period of five ,215 ii
date of this judgment,
theatre does not regu y pit
run for the greater
j
pc jf thi
It the parties disagree '
to 1
' ,
,
,
'
this condition has occ d, tl
ter may be presented t!-ie 6
lis determination, in Vijh ev
burden of proof shall ijon N
Helena, Montana—Mc ratc
election, which shall l.mad
thirty days after the C.rt's
Lewostown. Montana: - Ji
Broadway, if, in any -ar 1
period of five years fi the
this judgment, an inde iden
does not regularly pli 'iirst
the greater part of tl i-eai
parties disagree as t .ffhe
condition has occurred, ? m<
be presented to the C t fc
termination, in which int
den of proof shall be \ NcB
Missoula. Montana— 1' or;
Alliance, Nebraska— ^anc
alto; purchaser to hav' noic
atres if Alhance is de; ^atet
vided in footnote 2.
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Beatrice, Nebraska— ? F
at the option of Natioi be
or be subjected to a p.. JCt
as provided for in foo,;e t
ing a period of five '-irS'
date of this judgment, ^, inc
operator of a theatre i 'eat
ing a theatre suitabl ,'or
operation, is not afford ..a n
opporunity to procure ms
theatre on a first run isis
desires. If the partu dis
to whether this conditic las
the matter may be p ,-?nM
Court of its determir on.
event, there shall be :> 1
proof on either party, ;pr
tional be excused frc ma
election because the •noi
not exist at the time .le
presented to or hearc y }
In the event the condi;i is
have occurred and N ^na
the product Hmitation le ;
period of such limitt n
from the time National all
titied the Court, the tor
eral,
its election,
and the indepenj
which shal an
o t
in thirty days after th« oui
McCook, Nebraska—
01
North Platte, Nebrc i-J
or Fox. Such divesliti
complished by convei nj
such theatres to nor eai
poses, in which evenl e i
tained shall, at the op i »
be divested or be sub) sa
uct limitation as provi
note 6, if, during a per 01
from the date of thi ^^
BOXOFFICE
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