Monaghan v. Kennerdell

PER CURIAM.

We concur in the result. This for the reason that in our opinion the decision in the previous appeal is ambiguous and conflicting and hence the rule of “the law of the case” is not controlling. 3 Am.Jur., Appeal and Error, Sec. 989.

LA PRADE, C. J., and UDALL, DE CONCINI and STANFORD, J'}., concur.