On Rehearing.

Upon a rehearing En Banc, a majority of the court adheres to the opinion heretofore filed herein and reported in 139 Wash. 695, 246 Pac. 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 En Bane.