The foregoing opinion by FITZSIMMONS, C., in Division Two is adopted as the opinion of the Court en Banc. Gantt, Hays,Ellison and Atwood, JJ., concur; Frank, C.J., Leedy andTipton, JJ., dissent.
The foregoing opinion by FITZSIMMONS, C., in Division Two is adopted as the opinion of the Court en Banc. Gantt, Hays,Ellison and Atwood, JJ., concur; Frank, C.J., Leedy andTipton, JJ., dissent.