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Boxoffice-May.29.1948

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Schine Files Answer Hold Party for Jack L Worrier Jr.<br />

To Federal Request<br />

WASHINGTON—The Schine Chain Theatres,<br />

Inc., filed its answer this week to the<br />

Department of Justice's request for "clarification"<br />

of the May 3 opinion regarding divestiture<br />

by Schine of some of its theatres.<br />

The answer said the government's purpose<br />

is not clarification of any ambiguity in the<br />

court's opinion, "but an obvious attempt to<br />

persuade the court to reverse itself as to the<br />

determination which it made with respect to<br />

Section IE of the order of divestiture of the<br />

district court."<br />

Some 16 theatres were acquired by the<br />

Schine chain between 1939 and 1942, at which<br />

time the case was called to trial. In return<br />

for an agreement for a two-year continuance,<br />

the Schine chain allegedly agreed to get rid<br />

of the 16 theatres. Five are yet to be disposed.<br />

The high tribunal's order puts all Schine<br />

theatres on the same basis as regards divestiture.<br />

The Justice department, objecting,<br />

said on May 14:<br />

"The opinion set aside the divestiture provisions<br />

of the decree so that the district court<br />

can make the findings necessary for an appropriate<br />

decree and deferred consideration<br />

of the district com-fs decision to appoint a<br />

trustee to sell theatres as that merely implements<br />

the divestiture provisions which<br />

must be considered by the district court.<br />

"We believe that this language is inconclusive<br />

with respect to the action taken by<br />

the district court with reference to theatres<br />

still unsold under the consent order of May<br />

19, 1942."<br />

The filing of the government petition and<br />

the Schine reply may delay for some weeks,<br />

the handing down of a mandate by the high<br />

tribunal to the lower court directing it to<br />

carry out its opinion, said Justice officials.<br />

RKO Palace May Go Dark.<br />

Recently Went 2nd Run<br />

NEW YORK—All unionized employes of<br />

the Palace Theatre, formerly the showcase<br />

for RKO first run films, have been given a<br />

provisional notice of dismissal in case the<br />

company decides to close the house, according<br />

to an RKO Theatres spokesman. The<br />

theatre switched to double-feature programs<br />

playing day-and-date with RKO neighborhood<br />

theatres in April and, for the past three<br />

weeks has been playing its double bills a<br />

RKO<br />

week behind the neighborhood houses.<br />

has also tried several policies, including dailychange<br />

revivals last summer and a return<br />

engagement of "The Farmer's Daughter," following<br />

the Academy Award presentation to<br />

Loretta Young. All were unsuccessful.<br />

If the Palace closes it will be the third<br />

major Broadway first run to go dark during<br />

the past year. Warner Bros, recently closed<br />

the Warner Theatre after "Winter Meeting,"<br />

starring Bette Davis, dropped off to weak<br />

business. United Artists, which leased the<br />

Broadway Theatre for "Monsieur Verdoux"<br />

In April 1947, played several other UA films<br />

there before closing the house in December.<br />

The theatre is now housing the Habimah<br />

Players in a repertory of legitimate plays<br />

in Hebrew. The Bijou, which also went dark<br />

for three weeks following the closing of "The<br />

October Man." reopened with "Citizen Saint,"<br />

a Clyde Elliott production, May 27.<br />

Home office executives were invited to<br />

a buffet dinner and cocktail party at the<br />

Hotel Warwich May 20 to meet Jack L.<br />

Warner jr. and his fiancee, Barbara Richman<br />

of New Haven. The couple is to be<br />

married at the Hotel Pierre May 20.<br />

Seen at the party, top photo, left to<br />

right, were Mort Blumenstock, Harry M.<br />

Warner, Jack jr. and Samuel Schneider.<br />

Miss Richman's photograph appears at<br />

right.<br />

Mass Openings Inaugurate<br />

Andy Smith Anniversary<br />

NEW YORK—"Green Grass of Wyoming"<br />

i20th-Foxi opened Tuesday (25 1 in Lancaster,<br />

Ohio, after a week of civic festivities,<br />

with more than 300 day-and-date openings<br />

scheduled immediately. These openings started<br />

the Andy Smith Anniversary Month celebration<br />

scheduled to run until June 26.<br />

Other openings were in Cincinnati, Cleveland,<br />

Indianapolis, Pittsburgh, Philadelphia,<br />

Washington, Denver, Salt Lake City, Seattle,<br />

Portland, San Francisco and Los Angeles<br />

exchange areas.<br />

Both the Palace and Broad theatres were<br />

used for the Lancaster openings. Among<br />

those present were Senators Taft and Bricker<br />

of Ohio, Senator O'Mahoney of Wyoming and<br />

Governor Herbert of Ohio. Peggy Cummins,<br />

Charles Coburn and JVIartha Stewart also<br />

attended.<br />

Similar mass treatment is scheduled for<br />

"Give My Regards to Broadway," due to open<br />

at the RKO Memorial in Boston, June 9, with<br />

day-and-date openings thr-oughout New England.<br />

The following week, June 16, there will<br />

be a 100-theatre showing of "The Street With<br />

No Name" after an opening at the Fox Theatre,<br />

Philadelphia. This is timed for the<br />

national political conventions.<br />

Warner, Para May Seek<br />

To Dismiss Jury Verdict<br />

BUFFALO—Warners and Paramount are<br />

expected to ask for a reargument of their<br />

motions to set aside a triple damage antitrust<br />

verdict against them in a suit brought by<br />

Bordonaro Bros. Theatres, lire, Olean, New<br />

York. Last week Judge Harold P. Burke of<br />

federal court set aside the jury verdict against<br />

RKO, but rejected similar motions by Warners<br />

and Paramount.<br />

Warners and Paramount are the only two<br />

remaining defendants held guilty of conspiracy<br />

In the Bordonaro suit.<br />

List of Guests Attending<br />

Andy W. Smith's Dinner<br />

NEW YORK—Guests who attended Andy<br />

W. Smith's testimonial dinner in the Serf<br />

room of the Waldorf-Astoria Wednesday<br />

night (26) included the following:<br />

A. J. Balaban, Ulric Bell, Jack Bloom, Morris Breggin,<br />

Nat Brower, Winton Burrhus, Rodney Bush,<br />

Chester Bahn, Morris Caplan, Frank Carroll, John<br />

Caskey, Murray Chikofsky, William Cohen, E. H.<br />

Collins, Richard de Rochemont, Deon De Titta, Jay<br />

Emcfnuel, Roger Ferri, Sam Fishman, Seymour Florin,<br />

Alan Freedman, William Freedman, James Glynn,<br />

Abe Goodman, Moe Grassgreen, Abel Green,<br />

Eric A. Haight, Homer Harmon, Jack Harrison,<br />

Franklyn Irby, James M. Jerauld, H. D. Johnston,<br />

Lem Jones, Sherwin Kane, Red Kann, Dave Katz,<br />

Frank Kelly, Tom Kennedy, Edwin Kilroe, Morris<br />

Kinzler, Arthur Knorr, Mel Konecoff, William J.<br />

Kupper jr., J. H. Lang, Lew Hehr, I. Lincer. C. E.<br />

McCartney, Eugene McEvoy, E. H. McFarland, H. J.<br />

Mclntyre, Harry Mersay, Dan Michalove, C. F.<br />

Minck, John Misa, Anthony Muto, David Ornstein,<br />

Mike Pagano, Al Picoult, Joseph Pincus, Fred Pride.<br />

Sam Rcruch, Edmund Reek, Harry Reinhardt, G. A.<br />

Roberts, Jonas Rosenfield.<br />

Joseph St. Clair, Murray Schaffer, Murray Scher.<br />

PhiHp Sohneib, Joseph Seco. Sam Shain, Louis<br />

Shanfield, Ted A. Shaw, Stirling Silliphant. R. B.<br />

Simonson, Dan J. Smolen, Arthur Sorensen, Norman<br />

Steinberg, Hugh Strong, Morton Sunshine, Paul<br />

Terry, Ira Tulipan, Mo Wax, Sffm Weintraub, William<br />

Weiss, William Werner. Christy Wilbert and<br />

Earl Wingart.<br />

Gulistcm Wilton Theatre Carpet<br />

JOE HORNSTEIN has it !<br />

BOXOFFICE :<br />

: May<br />

29, 1948 51

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