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2 Motion Picture L. Rev. 1 (1939-1940)

handle is hein.journals/mplrrt2 and id is 1 raw text is: MOTION PICTURE LAW REVIEW INCLUDING RADIO AND THE THEATRE VOL. 2 JUNE, 1939 NO. 1 ANTI-TRUST Inthe case of U.S. v. Balaban, 26 F. Supp 491, the Government has been or- dered to file a bill of particulars. (See March issue.) Allegations: Exhibitors have been barred from use of first run pic- tyres in theatres and have been forced to play second, third and fourth run, because of franchise agreements made by defendant distributors with defendant exhibitors, in violation of the anti-trust laws, and a court injunction, thus effect- ing a restraint of trade. The court stated: The information charges a constructive dntempt - a criminal contempt. The information now before the Court char- ges a willful violation of a valid decree of this Court, but the charges therein made constitute also crimes under the laws of the United States. The defend- ants cannot be compelled to testify against themselves. The defendants are entitled to be apprised of the nature and particulars of the charge, and so clearly and definitely as not only to show prima facie a case against them, but when arraigned they might know what answer to make, and to enable them to prepare their defense. The offense char- ged is an unlawful agreement. What that agreement is should be made absolutely clear. The defendants should be apprised in what respect they acted unlawfully, in what manner they combined, and the nature and content of the agreement. The Court is of the opinion that the or- der for the subpoenas duces tecum was improvidently granted, and the respective motions to quash will be sustained. When the bill of particulars shall have been filed and the defendants shall have ans- wered the information, then, and not until then, shall an issue have been formed It is ordered that the complain- ant, United States of America, on or before sixty days from the date hereof, file in this cause a bill of particulars of the matters embraced within the informa- tion. It is further ordered that, except as axipadsaj ples ay; 'paMOlle anogeulaJa motions for bills of particulars are de- nied. New York. In the Government Anti-trust suit against the major companies in the New York Federal Court, the judge refused the Government's request to rescind his order requiring a full bill of particulars as to names of individuals and theatres which the Government states have been forced to sell out to the big companies. The opinion stated: The Department of Justice is directed to furnish at the pre- sent time the particulars required in Paragraph 8 of the consolidated motion with respect to all the instances referred to in Paragraph 188 of the petition, ex- cept that in cases where the petitioner has been requested not to disclose such information prior to the trial of the ac- tion by individuals whose testimony is relied on to establish the allegations of Paragraph 188 of the petition, and who now have business relations with any of the defendants, the petition need not furnish these particulars at the present time, but must do so not less than thirty days before the trial of the action. In this way the fear of retaliation and re- NOTE - INDEX TO VOLUME 1 ON PAGE 6 Published by Dennis Hartman 501 Landfair Ave., Los Angeles, Calif. SUBSCRPTION $10 PER YEAR

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