Opinion
No. 26563. En Banc.
January 25, 1938.
Appeal from a judgment of the superior court for Thurston county, Wright, J., entered October 13, 1936, upon findings in favor of the plaintiff, in an action in mandamus, tried to the court. Affirmed.
H.E. Grimm, for appellants.
Delos Spaulding and E.W. Anderson, for respondent.
Geo. O. Beardsley, Hobart S. Dawson, Jesse Epstein, Warren J. Gilbert, John A. Homer, J.H. Immel, Lester T. Parker, Chas. L. Powell, A.C. Van Soelen, and H.D. Walker, amici curiae.
ON REHEARING.
Upon a rehearing En Banc, a majority of the court adheres to the Departmental opinion heretofore filed herein, and reported in 191 Wn. 242, 70 P.2d 1062.
STEINERT, C.J., BEALS, and MILLARD, JJ., dissent.
While I signed the Departmental opinion, I have since reached the conclusion that the opinion was wrong. I now wish to enter a dissent.