State v. Northwest Magnesite Co.

(dissenting)—This case has occupied the attention of the court for a considerable length of time. The first argument was to a department on June 12, 1945. An opinion was written by Judge Mallery reversing the trial court, granting the state an additional judgment in the sum of $113,291.05, together with accrued interest in the amount of $22,027.71. The opinion was signed by one judge other than the writer of the opinion. The cause was thereafter heard by the court sitting En Banc September 4, 1945. An opinion was written by Judge Mallery reversing the judgment of the trial court. Three judges…