The foregoing opinion by WESTHUES, C., is adopted as the opinion of the Court en Banc. Leedy, Tipton, Conkling, Clark,Douglas, JJ., and Hyde, C.J., concur; Ellison, J., dissents in separate opinion.
The foregoing opinion by WESTHUES, C., is adopted as the opinion of the Court en Banc. Leedy, Tipton, Conkling, Clark,Douglas, JJ., and Hyde, C.J., concur; Ellison, J., dissents in separate opinion.