The opinion
ORDER
Certiorari granted for the limited purpose of striking from the majority opinion, 721 P.2d 1346 , the last paragraph in part III thereof. The case is remanded to the District Court for trial by jury on its merits. In all other respects petition for certio-rari is denied.
SIMMS, C.J., DOOLIN, V.C.J., and HAR-GRAVE, OPALA, WILSON, KAUGER and SUMMERS, JJ., concur.
HODGES and LAVENDER, JJ., dissent and would grant certiorari to review the Court of Appeals opinion in its entirety.