The foregoing opinion by COOLEY, C., in Division Two is adopted as the opinion of the Court en Banc. Frank, Gantt, Leedy andHays, JJ., and Ellison, C.J., concur; Collet and Tipton,JJ., dissent. *Page 667
The foregoing opinion by COOLEY, C., in Division Two is adopted as the opinion of the Court en Banc. Frank, Gantt, Leedy andHays, JJ., and Ellison, C.J., concur; Collet and Tipton,JJ., dissent. *Page 667