Not considered. Although the judgment below appears to be incorrect, it has become final because no application for rehearing was filed in the court of appeal.
SUMMERS and TATE, JJ., concur. Due to the failure of the plaintiffs to apply for rehearing in the court of appeal, by statute the judgment in favor of the defendants has become final, although in our view it is erroneous. However, while the judgment may be res judicata as to the parties as to past payments...
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