State v. Packer Corporation

I dissent for the reasons stated in my dissenting opinion in the former case, State v. Packer Corporation (Utah) 297 P. 1013, referred to in the prevailing opinion. I admit that substantially the same questions presented and decided in the former case are presented on this appeal. Should the doctrine of stare decisis be applied I, because thereof, would on this appeal now yield my views expressed in the former case and concur in the prevailing opinion on this appeal. I however, think the doctrine not applicable. A petition for a rehearing in the former case was filed but not ruled on until…