ANGSTMAN, Justice.
This is an application by David S. Johnson for a writ of supervisory control or other appropriate original writ. Relator challenges the procedure taken in an action by Jalmir Mining Company, a corporation, plaintiff, v. David S. Johnson, defendant. The application was first denied in toto by this court. On motion for rehearing a majority of the members of this court thought the application should be granted in part,
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