Boxoffice-December.20.1952

Navari Bros. Suit Placed
On February Docket
PITTSBURGH— After more than four years
In local ft'clerul court, the action of Rudolph
and Samuel Nuvarl, owners of the Eastwood
Theatre In Penn township, has been placed
on the Jury trial list commenclnR on February
16. Marglottl and Casey represent the
Naviirl brothers In the antitrust action
against 16 motion picture producers, dl.strl-
DUtors and theatres who arc charKcd with
'domination and almost monopoly" In eslabhlng
availability of film service to lliculres.
In December. 1948, the Navari brothers
rted they had suffered a lo.s,s of $65,-
DOO at the Eastwood Theatre an a result
of the alleged monopoly. Under the Sherlan
antitrust act. the plaintiffs asked
Iple damages of $195,000. In addition, the
it asked for $100,000 as a "reasonable"
lee for counsel. An "Illegal system of relase
of pictures," the suit charges, dlsirlmlnates
against the independent theatre
ner In favor of theatres operated by
(Earner Bras. Circuit Management Corp.
At year's end there are no less than eight
lults in the federal district court which .seek
accounting and damages in alleged breach
license contracts entered by various film
Ustributing companies. Defendants in the
tlvil actions are Raymond Allison and Rivoli
rheatre Co.: Frank Biordi, Andy B. Biordi.
aUdebrand E. Biordi, Irma Biardi and Mrs.
[da Colavincenza; Adolph Farkas; John and
[jOuis Lambros; Max Arnold; Francis E. Mcillick;
Antonio R. Acquillna, Joseph T.
Blrocco and Joseph A. Blrocco; Wilmer
terprises. Inc. Six of these cases were
'iled in 1951 and two were entered during
1952.
The antitrust civil action brought several
*''
months ago by the Allied Theatres Corp., of
New Kensington, against eight motion pic-
;ure companies, is active in local federal
court. Frank R. Sack, attorney, represents
the plaintiff Serrao brothers. Defendants
as Include Loew's. Paramount, 20th-Fox, RKO,
CJA, Warner Pictures and Warner Theatres.
rhe Allied group has asked for damages of
1''^
K
"''^
(840,000.
Fabian Brooklyn Theatre
Now Presenting Circus
NEW YORK—The 2,900-seat Fabian Brooklyn
Strand, closed for several months because
of product problems, reopened Friday (26)
with a circus and the show will continue there
through January 1. Fabian Theatres said
booking the circus was a test of the drawing
power of a special live show and that there
Pf was the po.ssibility that other non-film entertainment
might be booked later, though
the circuit still considered the Strand a picture
house and preferred to present pictures
there.
The circus .schedule called for three shows
a day. with children admitted for 60 cents
and adults for $1.20. and with a fmall section
reserved seats at $1.50. The circus is one
that has been appearing in armories and in
Shrine mosques throughout the country. It is
called the New Polack Bros. Circus, with
headquarters in Chicago. There are trained
elephants, seals, dogs, ponies and bears, and
wild animals and high-wire acts.
'Daddy' of Exhibitors Looks Ahead
After 57 Years as a Showman
.ALBERT P.
WAY
Talks on Copyright Law
To Start January 19
NEW YORK—The second of a series of
lectures on copyright problems, starting
January 19 and continuing on Monday
nights for seven weeks, with the exception
of February 23. has been announced by
Theodore R. Kupferman. chairman of the
copyright committee of the Federal Bar
Ass'n of New York, New Jersey and Connecticut.
The lectures w'ill be:
January 19. "The Copyright Office," Arthur
Fisher, delegate to the UNESCO copyright
convention.
January 26, "Protective Societies for Authors
and Creators." William Klein II. associate
counsel of Authors League of America
and Songwriters Protective Ass'n.
February 2. "Problems of Advertisers and
Advertising Agencies." David M. Solinger.
agency counsel and author of "Unauthorized
Uses of Television Broadcasts."
February 9. "Theatrical and Literary Contracts."
Edward E. Colton. motion picture
negotiator for Dramatists Guild.
February 16. "Magazine. Newspaper and
Syndication Problems." Alfred H. Wasserstrom.
counsel for Heart publications.
March 2, "Tax Aspects of CopjTight,"
Harriet F. Pilpel, chairman of the American
Bar Ass'n committee on impact of tax laws
on copyright property.
March 9, "Copyright No-Man's Land
Fringe Rights in Literary and Artistic Properly,"
Prof. Walter Derenberg of New York
University Law school.
Fabian to NYU Board
NEW YORK— S. H. Fabian has been
named a member of the new board of development
of New York univertity by Chancellor
Henry T. Heald. One of the functions of the
board will be to implement policies in connection
with the ten-year $102,000,000 program
for new buildings and endowment.
Charles R. Cox, president of the Kennecott
Copper Corp., is chairman of the group.
DUBOIS, PA Albert P Way, known In
area nmonx pxhlbllorx ua "daddy of them
thi.s
all," opened hi.s first theatre, the Academy of
Mu-slc. in CurweiwWllL- on Dec. 1. 1896. Thus
the 84-ycar-old showman now is Aturtlng hit
57th year In the theatre buxlncK.s.
Way's entry Into the show biulnc.n.s antedates
the arrlvaJ of motion pictures. By 1900
he was booking stugc attroctloiu for theatres
In Alloona. Lancaster, Johnstown, York. New
Castle. Unlontown and other Pcnn.sylvanla
cities. He .scheduled productions of the
ShuberU, Klaw & Erlanger, the Frohmaas.
Belosco. Hammerslcin, Mltlenthal Bro.s., Jules
Murray, the Buster Brown Amu.scment Co.,
Stair & Havelln, W. E. Nankevllle and Eden
Benedict In his own and other houses.
Way became one of the first in the country
to introduce motion pictures.
Although Way has been an active theatre
owner and operator probably as long as anybody
In the nation, he posse.sses to an outstanding
degree the faculty of always looking
forward, and remains one of the most progressive
and modern of showmen. Five years
ago he observed "the world moves on wheels,"
and constructed the Hlway Drive-In near
here. He visits the Pittsburgh Filmrow frequently,
comparing notes with other exhibitors.
Way started operations here in 1899, 53
years ago. In 1902 he built the Avenue Theatre
here, and in 1908 he opened his Carleton.
He also owns the Knox Theatre at Knox.
Way has never buried himself in his business,
but always took an active part in the
life of this community. He has served several
terms in the Pennsylvania general asembly,
served as a bank officer and leader in civic
affairs.
Recently he was busy with bookings and
promotions prior to departing with Mrs. Way
for their annual winter stay at the Princess
Martha hotel in St. Petersburg, Fla.
Son Marlin is business manager of the
Way enterprises, and Aloyse M. Simmons is
secretary and bookkeeper.
RKO Theatres Wins Suit
Brought by Long Park
NEW YORK—Judge Aaron Steuer of the
New York supreme court ruled in favor of
RKO Theatres at a one-day hearing of the
suit for fraud and misrepresentation brought
by Long Park Theatres, a Walter Reade company.
The Reade company had sought $100.-
000. allegedly due in the sale of Long Park's
25 per cent interest in Trenton-New Brunswick
Theatres Corp. to RKO Theatres in September
1950. RKO Theatres' deal called for
a payment of $750,000. plus a dividend of
$42,500. while Reade claimed the dividend
amount should have been $100,000 higher.
Among those who testified were Walter
Reade jr.. president of Reade Theatres: Sol
A. Schwartz, president of RKO Theatres;
Tom O'Connor. RKO vice-president, and
Harold Newcomb. RKO controller. RKO was
represented by George A. Raftery of O'Brien.
DriscoU & Raftery while Solomon Goodman
represented Reade Theatres.
Sam Katzman will produce and Fred F.
Sears will direct the Warner film, "49 Men."
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BOXOFFICE December 27, 1952
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