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STATE EX REL. O'CONNELL v. ENGEN.

No. 35532.

60 Wn.2d 52 (1962)

371 P.2d 638

THE STATE OF WASHINGTON, on the Relation of John J. O'CONNELL, as Attorney General, Respondent, v. GENE O. ENGEN et al., Defendants, KENNETH B. MOSS et al., Appellants.

The Supreme Court of Washington, En Banc.

May 22, 1962.

Attorney(s) appearing for the Case

Minnick, Hahner & Tuttle, for appellants.

The Attorney General, Robert F. Hauth and Gerald F. Collier, Assistants, for respondent.

FOSTER, J.

The departmental opinion filed June 1, 1961, is withdrawn, vacated, and held for nought, and will not appear in the Washington Reports.

All parties, except Engen and wife, agree in a unique joint petition that the judgment is a final one which disposes of the entire litigation. We agree.

The action was instituted December 8, 1958, more than one year prior to the effective date, January 1, 1960, of the current rules of pleading, practice...

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