Distinguished
Distinguished by Usher v. Department of Industrial Relations, 261 Ala. 509 (1954)
The case of Badgett v. Dept. of Industrial Relations, 30 Ala.App. 457, 10 So.2d 872, certiorari denied 243 Ala. 538, 10 So.2d 880, is clearly distinguishable from the case at bar.
The opinion
On Rehearing..
PER CURIAM.
Upon reconsideration of this cause Justices BOULDIN and LAWSON have concluded to join in the above noted dissenting opinion of Chief Justice GARDNER and Justice LIVINGSTON. It therefore results that the rehearing in this cause is due to be granted, the order of reversal of the
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judgment of the Court of Appeals set aside, and the writ denied.
It is so ordered.
Rehearing granted.
Writ denied.
GARDNER, C. J., and BOULDIN, LIVINGSTON, and LAWSON, JJ., concur.
THOMAS, BROWN, and FOSTER, JJ., dissent, and adopt the opinion of Justice FOSTER as expressive of their dissenting views. ■