Boxoffice-Febuary.18.1956

U. S. Court Turns Down
All-Encompassing Suit
NEW YORK—Something new in the way of
triple damage antitrust suits by an exhibitor
was rejected in U. S. district court Wednesday
(15) by Judge F. X. McGohey. The
exhibitor's attorney argued that he properly
represented all the independent exhibitors
in the United States "similarly situated."
The attorney, Arnold Malkin, was acting
for the Austin Theatre, Kew Gardens, L. I.
He was told he could file a new complaint
within 30 days, limiting the action to the
New York area. Runs and clearances are
involved.
In the complaint, filed Nov. 15, 1954, the
attorney named 58 defendants, including the
major distributors, the large circuits and the
Motion Picture Ass'n. Damages sought
totaled $1,080,000.
A large battery of attorneys cooperated in
planning the defense. George Raftery of
O'Brien, Driscoll & Raftery represented them
in court. Raftery argued that the complaint
contained a "vague and indefinite classification
of claimants" and that "most of the defendants
had no business relationship with
the plaintiff."
The court found that the claims of jurisdiction
were not specific, that repeated
characterizations of the "big five" could be
inflammatory in nature if used at a jury
trial and that "all the misdeeds of the motion
picture industry from the 1920s to date
have been pleaded."
Malkin had also sought to represent Lasky
Bros., West Virginia exhibitors, in a similar
suit but failed. At the time the distributors
and circuits were concerned over what they
saw as a possibility that Malkin would try
to consolidate a large number of antitrust
suits across the country. The courts permitted
him to argue in the local court, but
Judge McGohey ruled that the case was only
local in character.
Distribution Completed
Of Brotherhood Kits
NEW YORK—Distribution has been completed
of 19,300 Brotherhood Week campaign
books and promotion kits, according to William
J. Heineman and Spyros S. Skouras, national
co-chairmen of the event. The material
went to exhibitors and exchanges
through National Screen Service and under
the direction of William B. Brenner, accessories
committee chairman. It was prepared
by a committee of which Alfred H. Tamarin
was chairman.
Brotherhood Week will start Monday (19).
Each participating theatre will select a single
day for collections. The National Conference
of Christians and Jews, sponsor of the event,
is providing containers for the collections.
Plan Color Photo Sessions
NEW YORK—A color processing conference,
the first of its kind, is to be conducted
in Rochester, N. Y., May 25, 26 under the
sponsorship of the technical division of the
Photographic Society of America. It has
been organized with the central theme of
color processing to provide photofinishers.
photographic scientists and engineers and
equipment manufacturers an opportunity to
exchange information.
Major Policy Decisions
Facing Allied Board
CLEVELAND— Allied's board of directors
will open a two-day meeting here Sunday
(19), with important decisions to be reached
on future policy.
Of prime importance
is the new unified
front which Allied and
Theatre Owners of
America have created,
in their effort to seek
a solution to the controversial
trade problems
of the day. The
recent decision to join
with TOA on a policy
of seeking arbitration
Horace Adams
with film rentals in-
Convention Keynoter cJuded and asking gov .
eminent sanction of production of motion
pictures by divorced circuits comes before
the board.
The meeting is the first formal session of
the board since the unity step was taken
several weeks ago on the basis of a telephone
check of members. The action now must take
on the formality of a board vote. More important
than the approval of the joint action
will probably be a full discussion of how
extensive the Allied-TOA fusion should be,
and what areas of common interest should be
tied into programs of joint action.
Last summer, talk of a broad unified front
was uppermost in tradepaper headlines—as
the exhibitor association leaders prepared to
meet with distributor presidents and sales
chiefs on sales policies. But, no sooner had
the meetings ended than Allied and TOA
parted company, and a series of highly
volatile statements were issued by both sides
which declared, in effect, neither association
wanted any part of the other.
There has now been a change of approach,
and the two associations have compromised
their original positions on arbitration and
film production by divorced circuits, and are
ready for a single-purpose presentation of
evidence before the Senate subcommittee on
small business which is to hear exhibitor
complaints on sales policies.
In addition to policy matters, the board will
Report Syndicate Seeks
To Buy Warner Control
Current during the week also was a
New York—Wall Street heard reports
Thursday (16) that an offer had been
made to acquire control of Warner Bros.
The Warners own 25 per cent of the
stock of the company, and a west coast
syndicate was said to have offered them
$25 a share. The stock has been selling
at about S21. Warner officials on both
coasts declined to comment on the report.
report
that a deal had been closed to sell
the Warner backlog of features produced
before 1948. and the company's shorts for
S2 1,000.000. There was no confirmation of
this report either.
elect officers for the year. Ruben Shor of
Cincinnati is now completing his first term
as president.
Following the board meeting, the annual
drive-in convention will be held on Tuesday,
Wednesday and Thursday. With more than
50 manufacturers and suppliers exhibiting at
the tradeshow, and drive-in owners and
managers from all sections of the country
and Canada attending, the convention promises
to be the most successful of the outdoor
theatre meetings sponsored by Allied.
The opening day's program will include the
keynote address by Horace Adams of the
Ohio ITO, and forums on concessions, equipment
and exploitation. On Wednesday, film
clinics will be held for large and small-town
drive-ins and Wednesday afternoon, general
trade problems will come before the convention—with
Ben Berger reporting for the
Emergency Defense Committee and Abram F.
Myers, board chairman and general counsel.
outlining policy for the year.
Warner Bros. Re-Elects
All of Its 16 Officers
NEW YORK— All officers of Warner Bros.
Pictures were re-elected at a meeting of the
board of directors held at the home office
Tuesday (14).
They were: Harry M. Warner, president:
Albert Warner, vice-president and treasurer;
Jack L. Warner, vice-president: Herman Starr,
vice-president; Stanleigh P. Friedman, vicepresident;
Samuel Schneider, vice-president;
Benjamin Kalmenson. vice-president; Mort
Blumenstock, vice-president; Robert W. Perkins,
vice-president, secretary and general
counsel; Samuel Carlisle, assistant treasurer
and controller; Cyril H. Wilder, assistant
treasurer; Harold S. Bareford. assistant secretary:
Edward K. Hessberg, assistant secretary;
Roy Obringer. assistant secretary:
Thomas J. Martin, formerly auditor, assistant
treasurer, and Walter Meihofer. formerly assistant
controller, auditor.
Brotherhood Media Award
Goes to Hall Bartlett
NEW YORK— Hall Bartlett Productions was
among the 30 winners of media awards for
contributions in the cause of brotherhood,
sponsored by the National Conference of
Christians and Jews. Bartlett received recognition
for the film. "Unchained." The CBS
television programs, "The Family of Man"
and "A Man Is Ten Feet Tall," also received
awards.
Taylor Mills of the Motion Picture Ass'n of
America was chairman of the media awards
committee. Among his aides was Leon J.
Bamberger of RKO Radio.
Jerry Lewis to Emcee Awards
HOLLYWOOD—Comedian Jerry Lewis will
serve as master of ceremonies at the upcoming
annual Academy Awards event, to be
staged March 21 by the Academy or Motion
Picture Arts and Sciences at the Pantages
Theatre. In the emcee spot last year was
Bob Hope.
BOXOFFICE :
: February
18. 1956