[311 U.S. 255, 256] Messrs. H. B. Jones and Wheeler Grey, both of Seattle, Wash., for petitioners.
Mr. Herbert W. Clark, of San Francisco, Cal., for respondents.
Mr. Justice ROBERTS delivered the opinion of the Court.
In this case the petitioners filed a complaint1 in the District Court for Western Washington under 7 of the [311 U.S. 255, 257] 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.