State Ex Rel. Smith v. Fox Missoula Theatre Corp.

As stated in the foregoing opinion, this case is ruled by that of State ex rel. Stafford v. Fox-Great Falls TheatreCorporation. I agree that there is no such difference between the two cases as to call for a different result. Not having agreed with the majority opinion in the Great Falls case, I concur in the result of the foregoing opinion solely upon the ground of stare decisis.

MR. JUSTICE ERICKSON concurs in what is said above by MR. JUSTICE ANGSTMAN.