HATHAWAY, Chief Judge.
On motion for rehearing, the appellee insurance company points out to this court that it erred in its description of the procedural posture of the case in the lower court. Since the objection is well taken, we deem it necessary to herewith supplement our opinion.
The case was tried to the court, sitting without a jury, with certain facts having 917, would tend to indicate that the case was tried on an "agreed statement of previous opinion...
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