On Appellants’ Motion for Rehearing.
It is urged that we were in error in considering for any purpose the quoted allegations of the original petition, for the reasons (a) that this pleading had been superseded by the amendment, and (b) that it is not embodied in the present record and not now before us “for any purpose whatsoever.” The quotation alluded to is copied in our opinion in the former appeal [55 S.W.(2d) 153,155], which is a permanent record of this court. However, the quotation was not employed in any sense as a matter of record which would have binding effect upon appellants’ rights or contentions. It was merely alluded to as lending additional force to the view that the statutory construction for which appellants now contend was not so conclusive as to admit of no substantial doubt, thereby excluding inquiry into the legislative purpose and resort to canons of construction; Our conclusions would be no different had appellants contended originally as they do now, although the added force of their original position would, in that event, be wanting.
The motion is overruled.
Overruled.