Boxoffice-November.24.1951

Twin City Homewood
Trial Is Resumed
MINNEAPOLIS—After a one-week recess,
the defendant film companies and the Minnesota
Amusement Co. on Friday (23) began
presentation of their cases in the $500,000
conspiracy suit filed agamst them by Martin
and S. G. Lebedoff, owners of the neighborhood
Homewood Theatre.
The defendants were expected to attempt
to prove that the plaintiffs suffered no damage
because the Homewood's first run in its
area was taken away from it and given to the
late W. A. Steffes' competing Paradise Theatre.
Earlier, Judge G. H. Nordbye denied
the defense motion to dismiss the suit because
the plaintiff allegedly failed to prove
conspiracy or damage to the defendants.
INJUNCTION REQUEST DENIED
The judge also, however, refused to grant
the plaintiffs' request for an injunction to
restrain the distributors from continuing the
alleged practice of conditioning runs and
clearance on admissions prices, and expressed
the belief that the fixing of admission
prices did not damage the Homewood. He
also ruled that the action here could not
be based on a New York equity suit.
Prior to recess, the plaintiffs introduced
testimony designed to show that Steffes was
an independent exhibitor leader here when
the Homewood's run was taken away and
given to the Paradise. In this role, it was
said, Steffes was continuously attacking and
"making trouble" for the film distributors.
At that time his World was unable to obtain
satisfactor;' product, but eventually Steffes
succeeded in making a World partnership
deal with the Paramount circuit here. Thereupon,
Paramount took over the buying and
booking and the World got top pictures and
became a moneymaker.
It was after this partnership occurred that
Steffes' neighborhood Paradise received clearance
over the Homewood which, previously,
had the prior run. Thus, the Paramount
circuit, "playing ball with Steffes," became
a party to the conspiracy, the plaintiffs contended.
PROTEST GOES UNHEEDED
Witnesses included the Lebedofts and a
number of film exchange managers and independent
exhibitors. Martin Lebedoff testified
that when the run was taken away
from his Homewood and given to the Paradise,
he protested to distributors and sought
unsuccessfully to get the clearance advantage
back. He and several other independent exhibitors
testified that the Homewood, physically,
was superior to the Paradise.
Lebedoff said he was not notified of the
clearance change and learned about it only
when he went to buy pictures the following
season.
Ben Friedman, independent circuit owner,
testified that exchange managers have refused
his demands for a 28-day run for his
Edina suburban theatre and that he had
been told that he would have to charge 55
cents in his 35-day slot and that when he
did get an occasional 28-day pictui-e the admission
would have to be 60 cents.
M. A. Levy, 20th-Fox district manager, testified
that the reason he recommended the
Paradise be given the earlier 49-day run
was because it would mean greater film
revenue for his company. He said he had
Irving Mack to Speak
At Allied Luncheon
KANSAS CITY—A luncheon speech by
Irving Mack, head of Filmack, Chicago, this
week was heralded as one of the top events
of the Allied Independent Theatre Owners
of Kansas and Mis.souri one-day fall convention
here next Friday (30i. Speaking on
"Unity and Goodwill," Mack is expected to
make a strong plea for industry harmony
and a continued effort to build goodwill in
each community where there is a theatre.
Mack will speak at the all-industry luncheon
at 12:30 p. m. in the Georgian room at
the Continental hotel. The luncheon will
be given for exhibitors attending the convention,
Filmrow personnel and representatives
of allied industries.
Jay Wooten, Allied president, said this
week that representatives of the Hartford
Accident and Indemnity Co. would be present
at the morning session to discuss with
theatremen problems of theatre insurance.
The Allied president said that his organization
would go on record seeking lower theatre
insurance rates, since fire hazards are
considerably reduced with the almost universal
use of fire-resistant film.
Sol Frank, exhibitor from Coldwater, Kas.,
will conduct the afternoon film clinic, a
closed session at which independent exhibitors
will discuss problems of film buying.
A cocktail party will be given at 5:30 in
the evening after which the all-industry
Movietime U.S.A. ball will be given at 9
p. m. in the Roof Garden of the Continental.
Other business matters to be taken up
by the convention will include a report on
the Allied States Ass'n convention in New
York, and outlines of the new federal tax
structure. An organizational business session
will precede the luncheon.
told S. G. Lebedoff he could have an earlier
clearance if he paid for it, but he "always
ran for cover." Furthermore, the Lebedoffs
always were pleading for help and sought
reductions on rentals, and still do, according
to Levy's testimony.
In reply to a question. Levy said 20th-
Fox believes it is entitled to 40 per cent
of the gross on top pictures and 30 per cent
on pictures sold flat. On his part, Martin
Lebedoff testified he thought film companies
only were entitled to 25 per cent of the gross
— 20 per cent for the feature and 5 per cent
for the shorts.
Independent circuit owner and Hollywood
Producer W. A. Frank testified he didn't
think it was "too smart" to fight for an
earlier run for his Boulevard, figuring "it
was better to go along with Paramount."
Charlie Rubenstein, another independent circuit
owner, testified to alleged clearance
discrimination against one of his theatres and
in favor of the Paramount circuit house in
the same area.
'Bowl' Room Installed
DYSART, IOWA—A "bawl" room has been
built in the Avon Theatre here to accommodate
parents with small children. The room
is 5x8 feet.
IRMNG MACK
The program as outlined by Wooten, follows:
9:30 a. m.—Registration
10:00—Business session, reception room
Report on Allied States convention
Discussion of theatre insurance
Discussion of new tax setup
Allied organizational business session
12:30p.m.—Luncheon, Irving Mack, speaker
2:00—Film clinic, Sol Frank, moderator
5:30—Cocktail party
9-12—All-industry Movietime ball
Wooten again emphasized this week that
registration would be free of charge as will
the all-industry Movietime U.S.A. ball. The
ball is being given solely by Allied as the
organization's contribution to the Movietime
campaign.
Orville W. Bonner Dies;
Leoti, Kas., Exhibitor
LEOTI, KAS.—Orville W. Bonner, for 28
years owner of the Plaza Theatre here, died
at the Scott City hospital recently after an
attack of bronchial pneumonia.
He was 77 years old at the time of his
death. Bonner was born in Marquette, Neb.,
and came here with his family in 1919. moving
from Imperial, Neb. He was a prominent
businessman and had been active in community
affairs. Interment was in the Leoti
cemetery and services were from the Presbyterian
church.
Bonner is survived by three son, Marion C.
and Eldredge S. of Leoti, and W. J. Bonner
of Colorado Springs, and two daughters, Mrs.
R. D. Halkney and Mrs. Helen Cross of
Wichita.
Junior Price Started
CLARION. IOWA—A new admi-ssion
price
schedule has gone into effect at the Clarion
Theatre here. For the first time in the theatre's
history, a junior price of 40 cents is
offered for patrons 12 to 16 years of age. At
the same time, the regular admission for
children has been reduced from 16 cents to
14 cents. The adult price of 55 cents remains
BOXOFHCE :
: November
24, 1951 MW 47