The opinion
CARTEE, J.
I concur in the result reached by the majority but only with the understanding that the temporary restraining order and preliminary injunction are declared valid for the sole purpose of protecting the plaintiffs who relied upon the erroneous temporary restraining order and were absent from the directors’ meeting held on December 16, 1954, as the result of complying with said order. This will now afford plaintiffs the opportunity of participating in a meeting of the board and expressing their views relevant to the business conducted at said meeting. For all other purposes I regard both the temporary restraining order and preliminary injunction as void.
Furthermore, inasmuch as the only reason for considering the temporary restraining order as valid, was to show that plaintiffs’ reliance thereon was justified, and therefore, entitled to protection, I refrain at this time from expressing any opinion concerning its operative effect since it was not before the court in any other context but the one heretofore mentioned.
The petition of appellant American Independent Oil Company for a rehearing was denied March 26, 1958. Draper, J. pro tem.,* participated therein in place of Gibson, C. J.