concurring in part and dissenting in part. I concur with paragraphs two and three of the syllabus and the well-reasoned discussion supporting these statements of law. I respectfully dissent as to paragraph one of the syllabus and the ultimate judgment reached by the majority. In this regard, I concur in the persuasive excursus in the dissent of Judge Brogan.
Pfeifer, J., concurs in the foregoing opinion.