Opinion
The opinion
Herbert, J.,
concurs in paragraphs one and two of the syllabus but dissents from paragraph three thereof and from the judgment.
Taut, J., dissents.
Radcliee, J., not participating.
Zimmerman, J., sitting in the place and stead of Weygandt, C. J.
Radcliee, J., of the Fourth Appellate District, sitting by designation in the place and stead of Zimmerman, J.
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