¶1On Reheabing.
¶2Upon a rehearing En Bcmc, a majority of the court adheres to the opinion heretofore filed herein and reported in 139 Wash. 695, 246 Pac. 295.
¶3Judgment reversed, and cause remanded with directions to the superior court to dismiss the action.
¶4Fullebton and Beidges, JJ., dissent.
¶5Judge Parker, being absent, took no part in the hearing En Banc.