1. PARKER v. 20th CENTURY FOX

2. BACKGROUND BORN ON APRIL 24, 1934 NAMED AFTER SHIRLEY TEMPLE
FOCUSED ON BALLET BEFORE MOVING ON TO ACTING
FIRST MOVIE WAS THE TROUBLE WITH HARRY PRODUCED IN 1955
LARGEST SALARY PRIOR TO THE BLOOMER GIRL CONTRACT WAS $350, % PROFITS FOR HER ROLE IN IRMA LA DOUCE

3. BACKGROUND
Founded on December 28, 1934 by the merger of Fox Films and 20th Century Pictures, Inc.
Experienced several production and financial problems during the 1960s.

4. FACTS
Shirley MacLaine Parker contracted with Twentieth Century-Fox Film Corporation in August 1965
Parker was to play the leading female role in the upcoming production of Bloomer Girl
Payment of $750,000 for 14 weeks of services was to be paid to Parker
Her contract allowed her to give approval of the director

5. FACTS Bloomer Girl was a musical comedy
The film would be filmed in Los Angeles California
Fox cancelled the production of Bloomer Girl
Offered her repudiation in the form of a different movie

6. FACTS Big Country, Big Man was the name of the movie
The new movie was a western and not a musical
Australia is the location where the movie would be filmed
The director had already been chosen for the new film

7. Contracts Big Country, Big Man
Country Western, wouldn’t use actresses talents
Filmed in Australia, very far from home
Bloomer Girl
Could choose director
Musical, would use actresses talents as a singer and dancer
Filmed in California, very close to home

8. FACTS
Gonzales v. Internat. Assn. of Machinists, supra, 213 Cal.App.2d 817,
Chisholm v. Preferred Bankers' Life Assur. Co. (1897) 112 Mich. 50 [70 N.W. 415]
Williams v. National Organization, Masters, etc. (1956) 384 Pa. 413 [120 A.2d 896, 901 [13]

9. FACTS
Fox argued that Shirley didn’t accept their attempt to mitigate damages, and therefore didn’t deserve the $750,000
There was never an argument that she didn’t make a reasonable search for other employment.
She was under exclusive contract to Fox so she didn’t need to go elsewhere
It’s an objective standard of reasonableness
Her contract had a “pay-or-play” provision

10. Sole issue is whether her refusal of Twentieth Century Fox’s substitute film Big Country may be used in mitigation
What is the court deciding in this case?

11. Victory!
Facts
Judge rules that the defense doesn’t have enough evidence to go to trial. Judgment is in favor of the plaintiff.

12. Facts Rule 56 The judge decides if the opposing side has enough evidence to go to trial.
Summary Judgment
Trial by Jury
Parker v. Fox

13. Summary judgment affirmed.
HOLDING
Summary judgment affirmed.
How did the court resolve the issue?

14. REASONING She had sued for payment under the contract
Sole issue is whether refusal of Twentieth Century Fox substitute off of Big Country may be used in mitigation
Was Big Country inferior employment to Bloomer Girl
Studio had purchased an option on her time
No breach and therefore no reason to mitigate
What were the court’s legal reasons for the decision?

15. DISSENTING OPINION
Judgment should be reversed so that the issue of whether or not the offer of the lead role in “Big Country, Big Man” was of employment comparable to that of the lead role in “Bloomer Girl” may be determined at trial.
Does the concurring/dissenting opinion have anything to offer or is what said more important than the majority opinion?