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I'AH'l MIL
275
propcrt v and business of a iiiiiiiUci of curj »< )i-at inns colli r(»llii!n !)() rent (»!' 1 he hnsincss of niaiiiifacturiiii;' and scIHiil!, ci-canicry and dairy suj)i)li('S in \\w States of Mi('hi,i;an and Indiana, and in all tlio States west and in sonw <d' the States east thereof; the other (hd'eiKhiiit eoijMjration, however, had not Joined in t he eont raet. The ( 'ii'enit < 'ourt, the (Mreuit Court of Appeals, and the Sui)renie Coui't all assnnK^d that this contra et was a eonihination in J'estraint of trade, but held that, as one of the two corporation defendants had not been a party to it, a necessary element of the charge of the eoniphiint was not ])roven, namely, coo])eration between the corporate defendants in the purpose, ^fr. Justice McKenna said: ♦
(31) The ease is, as we have said, in narrow compass. The complaint charges a violation of tlie Sheraian Act, and, as a means of accomplishing its purpose, the destruction of plaintiffs' interstate trade l)y a malicious litigation of their rights. A necessary element of the charge is the cooperation of at least the corporate defendants in the purpose, and this detcu'mines our inquiry. In answering it we shall assume, as the low^er courts assumed, that by the contract of February, 1898, the Creamery Package Manufacturing (\>mpany and the corporations competing with it entered into a combination offensive to the law. Did the Owatonna Company participate in it or subsequently join it or cooperate to execute its purposes! The question must hv answered in the negative, as we shall proceed to show.
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