ON REHEARING.Upon a rehearing En Banc, a majority of the court adheres to the opinion heretofore filed herein and reported in 139 Wn. 695,246 P. 295.

Judgment reversed and cause remanded with directions to the superior court to dismiss the action.

FULLERTON and BRIDGES, JJ., dissent.

Judge Parker, being absent, took no part in the hearing EnBanc.

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