This suit was brought by the Blumenstock Bros. Advertising Agency against the Curtis Publishing Company in the District Court of the United States for the Northern District of Illinois to recover treble damages under section 7 of the Sherman Anti-Trust Act (26 Stat. 209 [Comp. St. § 8829]). The case here concerns the question of the jurisdiction of the District Court. Judicial Code, § 238. The plaintiff is a corporation of the state of Missouri; the defendant a corporation of the state of Pennsylvania. The defendant appeared specially in the District Court and moved to dismiss the complaint for want of jurisdiction; the grounds stated being:
(1) 'That in each of the counts of plaintiff's original declaration, and in the additional count thereof, it appears that the plaintiff is a citizen and resident of the state of Missouri, and that this defendant is a citizen and resident of the state of Pennsylvania.'
(2) 'That in none of said counts is a cause of action stated by plaintiff within the provisions of the act of Congress approved July 2, 1890, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies."
The court entered judgment dismissing the suit for want of jurisdiction over the defendant or the action.
The record contains a certificate stating that the court found that it had no jurisdiction of the defendant and no jurisdiction to entertain the action. The certificate further states that the question involved is whether the transaction set forth in the several counts of the declaration involves a question of interstate commerce, and whether the averments in said several counts of the declaration state a cause of action within the provisions of the Act of July 2, 1890 (Comp. St. §§ 8820-8823, 8827-8830).