Boxoffice-March.06.1948

: March
Clearance Setup in Dallas
Hit in $1200.000 Suit
DALLAS—R. J. O'Donnell, general manager
of Interstate Theatres, Inc., denied
categorically that his company had ever entered
into agreement with any film distributor
for the fixing of admission prices when he
appeared as a witness in the $1,200,000 antitrust
suit brought by B. R. McLendon against
Interstate, Robb & Rowley and a large number
of major distributors. O'Donnell also
denied that his circuit made special agreements
with McLendon over the availability
of films for the latter's Casa Linda and
Beverly Hills theatres in Dallas.
ON SAME BASIS AS OTHERS
McLendon's theatres received films on the
same basis that other operators received them.
O'Donnell testified. The availability is based
upon several factors, however, and the price
charged is one of them,
O'Donnell's denial came after a vigorous
direct examination by McLendon's attorney,
Dick Holt, who introduced a flood of contracts
and agreements tending to show that both
McLendon and the public suffered under
the alleged monopolistic setup of distributing
films in Dallas.
J. B. Underwood, southwest division manager
for Columbia Pictures, Inc., conceded
that the admission price was one factor in
the film rentals set by his company, but he
denied that Columbia forced any operator to
charge a certain price. The amount of the
admission, he testified, was also one of the
factors in arriving at the availability of films.
The higher admission price in downtown first
run theatres was protected, he said.
"The purpose of the whole thing, then, is
to get more people to come to the downtown
theatres where you will get more from the
showing of your films?" Underwood was
asked by counsel for McLendon.
"That's not our program, but that's the
way it works out," he answered.
OFFER NUMEROUS DOCUMENTS
Interstate offered in evidence nimierous
contracts between Columbia and exhibitors
tending to show that the operators were not
obligated to show more than a limited number
of pictures What had been given first
run in the downtown theatres.
McLendon is seeking treble damages for
a $400,000 loss incurred in the disposition of
his Beverly Hills Theatre, which, he alleges,
was forced to accept 45-day clearance on
films after they were shown in downtown
and some other neighborhood theatres.
Dick Holt, counsel for McLendon, in a preliminary
argument to Judge Atwell, said the
alleged monopoly forced the public to attend
the higher-priced downtown theatres or wait
until the films were available to the neighborhood
theatres, including that operated by
McLendon,
The plaintiffs announced they would present
proof of discrimination in the clearance
of the films.
Delay 'Victor' Screenings
NEW YORK—The national trade showing
of Warners' "To the 'Victor," co-.staiTing Dennis
Morgan and 'Viveca Lindfors, has been
changed from March 15 to March 29. The
national release date will be April 10.
Sorrell Denies Charge
He Is a Communist
WASHINGTON—Herbert K. Sorrell,
head of the Conference of Studio Unions,
characterized an alleged membership
card in the Communist party said to
have been issued to him under the name
"Herbert Stewart" as a "fake" at the
He
house hearing on studio labor strife.
signed his name to prove the signatui-es
differed.
Meanwhile as Sorrell vented bitterness
against rival studio labor leaders,
Chairman Carroll D. Keams of the
house labor and education subcommittee
said he would ask Westbrook Pegler,
tell columnist, to what he knows about
Hollywood labor troubles.
In his testimony, the CSU chief said
that Disney helped make "Communists"
by paying too Uttle. SorreU helped lead
the strike against the Disney studios in
1941. He said that the AFL screen cartoonists
guild and the lATSE helped
scuttle the strike.
The committee remained unconvinced,
despite the flow of testimony from Matthew
Levy, counsel for the lATSE, and
Roy Brewer, lATSE representative in
Hollywood, that Communism was a basic
problem in settlement of studio labor
troubles. Congressman Kearns pointed
out that the discussions always return
to the old AFL directive which was supposed
to solve the jurisdictional strife.
Quarrels over jurisdictional matters
within the AFL seemed to be the basic
problem, Congressman Thomas Owens
'Red River' Awarded to UA
By Arbitration Board
NEW YORK—Monterey Productions wiU
have to deliver "Red River" to United Artists
under the terms of an arbitration award
made by a three-man panel at the headquarters
of the American Arbitration Ass'n
March 3.
The decision of the three arbitrators was
unanimous. The panel consisted of William
Zimmerman, RKO sales executive, impartial
arbitrator; Abe Bienstock, representing UA,
and Charles Abramson, representing Monterey.
The arbitration proceedings grew oat
of dispute between UA and Monterey over
the delivei-y of the Howard Hawks production.
UA had claimed that Monterey was
refusing to fulfill its contract obligations in
failing to deliver the film. Monterey has
claimed that the picture has not been reaxly
for delivery.
Meanwhile depositions in the scheduled
counter suit filed by WUliam Cagney in California
against UA were taken Thursday (4i.
Oagney's counter-suit contests a suit filed by
UA in New York supreme coiu-t to force delivery
of "Time of Your Life." Cagney's
counter-suit will be tried March 15.
EL Seeks to Increase
Accounts Per Film
NEW YORK—Eagle Lion will work for a
minimum of 12,000 domestic accounts on
every American-made release and 10,000 on
every British-made release, according to William
J. Heineman, recently appointed vicepresident
in charge of distribution.
In the past the average number of accounts
on EL U.S. product has been about
8,500, and "much less" for British-made J.
Arthur Rank films, Heineman said.
The average number of accounts reported
by one of the five majors for its pictures is
about 12,000, but top musicals go as high as
14,000 or 15,000 accounts.
Eagle Lion branch managers and salesmen
are being instructed to "poll" exhibitors in
their territories as to what stories and stars
wUl draw the most customers. These "polls"
will be informal. The branch sales personnel
will question the exhibitors on futm-e productions
and possible casts being considered
by Eagle Lion. The salesmen will pass on
their information to the district managers
who will forward the reports to the home
office. There will then be consultations between
production and sales executives as to
future courses of
action.
Mochrie, Back From Coast,
Sees a Record RKO Year
NEW YORK — RKO anticipates
a record
sales year on the basis of its product lineup,
according to Robert Mochrie, vice-president
in charge of distribution. Mochrie made this
statement during the week after his return
from a studio visit. He said the spring and
summer release lineup offers more quality
pictures than the company has released to
date in a similar period.
"With such product, produced under the
supervision of Dore Schary, plus weU organized
selling effort, we expect to roll up
business on a greater scale than ever before,"
he declared.
Mochrie listed forthcoming pictures he reviewed
during his coast stay, including "Joan
of Arc," starring Ingrid Bergman; "Berlin
Express;" "The 'Velvet Touch," produced by
Independent Artists; "Melody Time," Walt
Disney production.
Mochrie said "I Remember Mama" will
open at the Radio City Music Hall March 11.
"The Miracle of the Bells" will open at the
Rivoli March 16.
Claim 66% Fan Magazine
Readers Are in 83 Cities
NEW YORK—Sixty-six per cent of the
readers of 12 screen fan magazines is concentrated
in 83 key cities, according to results
of a survey made by the Ass'n of Screen
Magazine Publishers. Inc., and released by
the Monroe Greenthal Advertising Co.
The 66 per cent figure indicates that 13,-
250,000 of a total of 20,000,000 readers is concentrated
in the areas where film companies
get most of their revenue.
The 12 magazines represented in the survey
are: Motion Picture, Movie Story, Modem
Screen, Stories, Screen Photoplay, Movie
Movie Stars' Pai'ade, Movieland, Screen
Life,
Guide, Screenland, Silver Screen and Movie
Show.
14
BOXOFFICE :
6, 1948