C. E. Stevens Co. v. Foster & Kleiser Co.

In this case the petitioners filed a complaint 1 in' the District Court for Western Washington under § 7 of the Sherman. Act, 2 for triple damages for alleged violation by the respondents of §§ 1 and 2 of the Act. 3 The respondents demurred to the' amended complaint for failure to state a cause of action. The District Court treated the demurrer as a motion to dismiss and dismissed the complaint. The Circuit Court of. Appeals affirmed the judgment. 4

The question presented is whether the . complaint alleges damage to the petitioners consequent upon a conspiracy to create a monopoly in the…